ORDER. 7 



to keep it. (ct) If there be express acceptance, it must 

 precisely meet the offer. (6) If it contain any condition, 

 the alteration is equivalent to a new offer requiring accept- 

 ance, (c) 



The acceptance completes the contract if despatched 

 before the receipt of a retractation of the offered) within 

 the time limited by the offer, or within reasonable time 

 if none be specified ; provided no change of circumstances 

 has taken place so as to make the offer " unsuitable and 

 absurd, "(e) The acceptance should be communicated in 

 course of post, or according to the usage of trade. Once 

 posted, the acceptance is complete, even though it should 

 not reach the offerer ;(/) but the acceptance may be recalled 

 by telegram received before, or simultaneously with the 

 acceptance, (g) 



7. Order. (/t) — Offer and acceptance thus differs from 

 an " order in trade," which is part of the law of mandate, (-i) 

 An order in trade requires no acceptance ; and must be 

 immediately rejected, else it is binding on the person to 

 whom it is addressed. It need not be in writing, and may 

 be proved by parole evidence, (j) It must be executed in 

 the terms of the order, otherwise it is not binding on the 

 orderer ; but if he acquiesce in the mode of execution, he 

 is bound by it. (/j) If an order be sent by telegram, the 



(a) B. Pr. 76. 



(b) Eank. Ersk. Pr. iii. 1, 6 ; B. Pr. 77. 



(c) Johnstone v. Clark, 1855, 18 D. 70 ; Wylie cC- Lochcad v. M'llroy, 1873, 

 1 R. 41. 



(fZ) Thomson v. James, 1855, 18 D. 1 ; Wylic, cit. ; Hirjrjins tfc Son v. Dunlop, 

 1847, 9 D. 1407 ; 6 B. App. 195. 



(c) Lord President Inglis in Macrae v. Edinhurrjh Tramioay Company, 1885, 

 13 R. 265, 269. 



(/) Hiagins, cit. 



{fj) Thomson, cit. 



(h) Orders in trade are frequently given in the case of donkeys, ponies, &c. 



(i) B. Pr, 80. 



(j) B. Pr. 80-82 ; but it must be in writing in England. 



(i) Rlcluirdson v. Riscoe ct Riyy, 1837, 15 S. 952 ; Van Oppen v. ArhucUe, 

 1855, 18 D. 113. 



