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---:: a simple dictionary of legal terminology and relevant cases ::---

09/10/2008

A

TORT: Actionability - Most torts are only actionable upon proof of damage (quantifiable proof); however some are actionable without, just the fact that it happened is enough (such as trespass to the person).

CONTRACT: Acceptance - The clear unequivocal expression of willingness made by the offeree to accede to the terms of the offeror. It is distinguished from counter-offers, counter-counter-offers, change of terms and battle of forms. The offeror must be aware of the acceptance, and it must be absolute. It cannot be communicated by someone other than the offeree except when this person is a duly authorised agent. Acceptance by silence does not normally constitute acceptance.

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