1. Acceptance is the unconditional assent to all the terms of the offer.
学员们在这里一定要注意在概念中提到的“无条件同意”，如果没有这个限制条件，就会变成有商讨性质的交流，则不是合同中的“接受”。
2. Consequence of acceptance: Once the offeree has accepted the terms offered, a contract comes into effect. Both parties are bound; the offeror can no longer withdraw their offer, nor can the offeree withdraw their acceptance.
3 Acceptance may be in the form of express words, either oral or written; Alternatively acceptance may be implied from conduct.
在平时的生活中，签订的合同一般是纸质版的，很少会出现口头的或者由某种行为而确定的合同，但是在合同的“接受”中，确实存在这口头等方式，以此来确定合同有效也是可行的。
4 Communication of acceptance
Acceptance is not effective until it is communicated to the offeror
Mere mental assent (silence) is not acceptance
Exceptions: Dispensation by the offeror (No need to tell the offeror even accept)
沉默并不一定就代表了接受，这个知识点是比较容易遗漏的，希望学员们引起足够的重视。
通过对概念的解析，学员们可能还是不能全面理解在一道简答题中应该如何从形式和方式去解释某个名词，现在一起来看一道课堂上的习题，来体会一下知识点和答题的形式。
Practice
In relation to the law of contract:
(a) Define an offer (5 marks)
An offer sets out the terms upon which an individual is willing to enter into a binding contractual relationship with another person. It is a promise to be bound on particular terms, which is capable of acceptance. The essential factor to emphasize abt an offer is that it may, through acceptance by the offeree, result in a legally enforceable contract. The person who makes the offer is the offeror; the person who receives the offer is the offeree.
Offers, once accepted, may be legally enforced but not all statements will amount to an offer. It is important, therefore, to be able to distinguish what the law will treat as an offer from other statements, which will nor form the basis of an enforceable contract. An offer must be capable of acceptance. It must therefore not be too vague. In carlill v Carblic Smoke Ball Co(1893) it was held that an offer could be made to the whole world and could be accepted and made binding through the conduct of the offer offeree.
In addition an offer should be distinguished, from the following:
(i) A mere statement of intention, which cannot form the basis of a contract even although the party to whom it was made acts on it.
(ii) A mere supply of information, as Harvey v Facey (1893)
(b) Explain the specific meaning and effect of:
(i) A counter-offer(3 marks)
A counter-offer arises where the offeree tries to change the terms of the original offer that has been made rather than directly accepting it. The consequence of making a counter-offer is to bring the original offer to an end so it is no longer possible for that original offer to be accepted at a later time.
For example, in Hyde v Wrench (1840), Wrench offered to sell his farms for 1,000 pounds. Hyde offered 950 pounds, which Wrench rejected. Hyde then informed Wrench that he accepted the original offer. It was held that were no contract. Hyde’s counter-offer had effectively ended the original offer and it was no longer open to him to accept it.
A counter-offer must not be confused with a request for information. Such a request does not end the offer, which can still be accepted after the new information has been elicited.
See Stevenson v Mclean(1880), where it was held that a request by the offeree as to the length of time the offeror would give for payment did not terminate the original offer, which he was entitled to accept prior to revocation.
(ii) A unilateral offer (2 marks)
A unilateral offer is one where one party promises something in return for some action on the part of another party. In relation to unilateral offers, revocation is not permissible once the offeree has started performing the task requested.
Reward cases are examples of such unilateral promises. There is no compulsion placed on the party undertaking the action but it would seem to be unfair if the promisor were entitled to revoke their offer just bf the offeree was abt to complete their part of the contract. An example of unilateral contracts may be seen in Carlill v Carbolic Smoke Ball Co (1993), where the company promised to pay 100 pounds to anyone who caught influenza after using their product. No one was forced to buy the product but once they did and started using it, the company was bound by its promise.
