Acceptance

The idea of acceptance relates to the idea of where an offer is made by one party that is considered to be acceptable to another without qualification in words or through conduct to the offeror in conformation with the indicated or prescribe terms of the offer that has been made, in keeping with the decision in Hyde v. Wrench (1840) 3 Beav 334.

But it also must be recognised that it is possible to have an acceptance ‘subject to contract’ where the parties will only be bound where a formal contract is prepared and then signed, according to Chillingworth v. Esche [1924] 1 Ch 97. Moreover, the acceptance of goods within the remit of section 2 of the Sale & Supply of Goods Act 1994 takes place when the buyer indicates to the seller that they have accepted them or, when they have been delivered, acts in a way that is considered to be inconsistent with the sellers ownership or retains them for a substantial period without rejecting them.

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