Feedback

 

(b) That's wrong. A has promised to pay $1,000 to any person who, after learning of the advertisement performs the stated acts. But since B does not communicate with A before performing the acts, can it be said that B has accepted A's offer? In Australian law, the answer is, yes. Acceptance can take place by conduct as well as by words. A's advertisement is an offer to anyone to accept the advertised terms by doing the things stated. Responding to the advertisement by doing the things in question is B's acceptance of the offer.

Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256.

NOTE: Remember also that, by doing the prescribed acts, B is providing the element of consideration as well as accepting the offer.