“The law on formation of contract can be encapsulated in a number of basic propositions:
(1) The test of whether an offer has been accepted is an objective test, namely whether the words or conduct are such as to induce a reasonable person to believe that the person intends to be bound.
(2) As a general rule an offeree who does nothing in relation to an offer is not bound by its terms.
(3) If the offeree has solicited the offer, the agreement that he should not be put to the trouble of rejecting the offer when it is made loses much of its sting.
(4) If there is a course of dealing between the parties, the offeror may be led to suppose that silence amounts to acceptance.
(5) Acceptance can be given by conduct. Where this amounts to a positive act it may well be clear that acceptance has been given, although no words of acceptance have actually been spoken”
Hayes & Others –v- Gallant [2008]
