Report. 1. REPORT (1200 words). Student Name: Date: Ins

Report 1
REPORT (1200 words)
Student Name:
Date:
Institution:

Report 2
1.
In this question, the issue is if the acceptance of offer by Hercules over the telephone can be
considered as valid, because it has been particularly mentioned by Xena that it was possible to
accept the offer only by exchanging the contracts on her property before 2 p.m., the next day.
In this context, it is worth mentioning that there are certain principles and rules related with the
acceptance of the offer. It has been provided by the law that the communication of proposal
becomes complete when it becomes known to the person to whom it has been made. At the same
time, the communication of the acceptance of the offer is treated as being complete when the
same has been conversed to the party that had made the offer (Echeverry Botero, 2015). In this
regard, he needs to be mentioned that the acceptance should be mentioned to the party that has
made the offer so that a valid contract can be created between the parties. It at there is a number
of rules related with the communication of acceptance (Whittaker, 2011). This issue is contingent
on the interpretation of contract, there may not be the need for acceptance until the declaration of
the performance of terms in the offer, but still, the acceptance needs to be communicated.
Similarly, it is also mentioned by the contract law that only the party to whom the offer has been
made, can accept the offer. Moreover, the offeree will not be considered to be found if the offer

Report 3
has been accepted by some other person on his behalf and without his consent (Powell v Lee.
Powell v Lee, 1908).
A relevant provision in this regard is that if a particular manner of acceptance has been specified
in the offer, like post or fax, then the offer needs to be accepted only by using the same means or
by other means that are not less effective than the manner that has been specified in the offer.
Harvey is an exemption to the postal rule of acceptance (Dickinson v. Dodds, 1876). In the same
way, the law also provides that silence cannot be considered as acceptance (Felthouse v Bindley,
1862).
In the present case, Xena had made an offer to sell the property to Hercules at a price of
$250,000. According to Xena, the offer was going to be open only until 2 PM the next day. At
the same time, while making the offer Xena had also stated that dropped and accepted only by
exchanging contracts over her property before such time. As in the present case, due to the
troubles with his car, Hercules cannot reach Xena on time. However he can raise the acceptance
of the offer to Xena through telephone. But due to poor mobile reception at the place where Xena
lives, our place is not able to contact her again.
As a result of this issue, it needs to be seen if the acceptance of the offer is complete in this case
or not. Due to the reason that while making the offer, a particular method of acceptance has been
pressed by Xena, and Hercules failed to convey his acceptance by using such methods, it can be