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The English common law established the concepts of consensus ad idem, offer, acceptance and counter-offer. The leading case on counter-offer is Hyde v Wrench [1840]. [ 3 ] The phrase "Mirror-Image Rule" is rarely (if at all) used by English lawyers; but the concept remains valid, as in Gibson v Manchester City Council [1979], [ 4 ] and Butler ...
One cannot doubt that, as an ordinary rule of law, an acceptance of an offer made ought to be notified to the person who makes the offer, in order that the two minds may come together. Unless this is done the two minds may be apart, and there is not that consensus which is necessary according to the English law - I say nothing about the laws of ...
Under the mirror image rule, the terms of the final contract are those stated in the offer, that is, the first promise. The offeree must accept the offer as a whole without any variation, otherwise the acceptance will become invalid. [12]
Common law contracts are accepted under a "mirror image" rule. [29] Under this rule, an acceptance must be an absolute and unqualified acceptance of all the terms of the offer. If there is any variation, even on an unimportant point, between the offer and the terms of its acceptance, there is no contract.
This is typically reached through an offer and an acceptance which does not vary the offer's terms, which is known as the "mirror image rule". An offer is defined as a promise that is dependent on a certain act, promise, or forbearance given in exchange for the initial promise [ 26 ] An acceptance is simply the assent of the other contracting ...
Butler Machine Tool Co Ltd v Ex-Cell-O Corp Ltd [1979] 1 All ER, battle of the forms case, where Denning argued the mirror image rule for offer and acceptance is outdated and the courts should be willing to look at the entirety of the parties' communications to ascertain the formation of a contract.
Acceptance must be given within a reasonable time before the offer lapses. If any time limit is specified, the acceptance must be given within the time, if no time limit is specified it must be given within a reasonable time. It cannot precede an offer. If the acceptance precedes an offer it is not a valid acceptance and does not result in ...
Mirror image rule, counter offer, standard form contracts Butler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd [1977] EWCA Civ 9 [ 1 ] is a leading English contract law case. It concerns the problem found among some large businesses, with each side attempting to get their preferred standard form agreements to be the basis for a contract.