This case has been cited 1 times or more.
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2013-03-11 |
DEL CASTILLO, J. |
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| As regards consent, "[w]hen there is merely an offer by one party without acceptance of the other, there is no contract."[52] The decision to accept a bidder's proposal must be communicated to the bidder.[53] However, a binding contract may exist between the parties whose minds have met, although they did not affix their signatures to any written document,[54] as acceptance may be expressed or implied.[55] It "can be inferred from the contemporaneous and subsequent acts of the contracting parties."[56] Thus, we held: x x x The rule is that except where a formal acceptance is so required, although the acceptance must be affirmatively and clearly made and must be evidenced by some acts or conduct communicated to the offeror, it may be made either in a formal or an informal manner, and may be shown by acts, conduct, or words of the accepting party that clearly manifest a present intention or determination to accept the offer to buy or sell. Thus, acceptance may be shown by the acts, conduct, or words of a party recognizing the existence of the contract of sale.[57] | |||||