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The acceptance of an offer is deemed valid and effective if it is unconditional and unequal and is expressly notified in writing or orally to the supplier. In addition, the defendant argued that the agreement was subject to a condition precedent which was not fulfilled. At the signing of the memorandum of understanding, the accused had attached a manuscript stating that a “trademark dispute” had to be resolved with cook Gordon Ramsay. Anotech attempted to defend the allegation by claiming that no binding contract had been concluded and relied on Reveille`s lack of signature on the business memorandum and the express provision that the agreement would only be binding if it was signed by both parties. However, if the Seller Durian has a reference on his website that explicitly says: “If I do not answer you, rest assured that I have read your order and you can look forward to your Durians at your desired appointment!” It can then be assumed that he intended to treat his silence as an acceptance of the treaty. If the tenderer accepts the terms of the tender, but does not inform the acceptance there of them, there is no valid acceptance. The aim is to avoid any uncertainty as to whether a treaty has been imposed on a recalcitrant party. Therefore, acceptance should be communicated and expressed through some form of positive action by the tenderer, such as an enthusiastic oral agreement or the immediate signing of the contract.


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