May I know what is meant by this: "Where communication of acceptance is waived by the offeree"? I know this is an exception to the rule that there is no valid contract without proper acceptance by the offeree. WHY can't this exception apply to the case of Felthouse v Bindley ?
Under the general rule on acceptance, it must be communicated to the offeror/proposer. That means if the offeree (e.g. Justin) wants accept the offer, he must inform the offeror (Zac). Either he calls, sends SMS or write letter. Different rules will apply, but u dun wori abt this first.
Sometimes the offeror will "waive" the need to inform him. That means he does not require offeree to tell him that the offeree is accepting his offer. So if Justin (offeree) wants to accept the offer, he needs not tell Zac (offeror). Now, this situation only makes sense in a "lost item" or "competition climb Mount Sg Panjang" scenario. Because in those situation, it is not enough for the offeree to tell the offeror he is going to find the lost item/climb mountain....he MUST actually FINISH doing that, then only he is considered to have accepted the offer.
Why the exception cannot apply to Felthouse v Bindley? Because here, although the offeror does not require offeree to tell him that the offeree is accepting offer, the offeror CANNOT go one step further in expecting that the offeree will accept the offer. It is still the choice of the offeree whether to accept or dun accept. If offeree does not want to accept, he only need to just remain silent or do nothing.
The problem in Felthouse v Bindley was the offeror ASSUMED that the offeree's silence means acceptance. This is wrong in law, because silence means rejection.
That is why the legal principle that u learn from that case was that "the offeror cannot impose the burden of rejection on the offeree". Meaning, the offeror cannot make it a requirement that if the offeree rejects, the offeree must inform the offeror. In law, the offeree has no obligation to do anything if he rejects the offer.
So in summary:
1. Sometimes the offeror will waive the requirement for the offeror to inform that he is accepting the offer. In this situation, the offeree just go ahead to perform the conditions of the offer (e.g. find lost item, participate in competition) without the need to inform the offeror that he is participating.
2. BUT the offereor must not assume that if there is no news from the offeree, it means the offeree agrees. Offeror cannot make it a requirement that if offeree wants to reject, offeree must inform him. In law, the offeree needs not do anything if he rejects the offer.
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