Acceptance and consideration

If the offeror instructs his messenger to deliver to him the letter of acceptance in any from the offeree, acceptance is deemed complete when the letter is handed over to the messenger.
17.Acceptance need not be communicated to the offeror where such communication is expressly or impliedly waived. This was the casein iCarlill v. Carbolic Smoke Balls Co, where Mrs. Carlill was not required to communicate the fact of purchase and consumption of the Smoke balls.
18.
Acceptance need not be communicated to the offeror where it makes the form of conduct. This was the casein Brogden v. Metropolitan
Railway co Ltd.
Once an offer is accepted, an agreement arises between the parties as there is consensus between them. Offer and acceptance constitutes the foundation of a contractual relationship. They do not constitute a contract as a contract must be characterized by other elements.
CONSIDERATION
In addition to consensus, capacity and intention, an agreement must be characterized by consideration to be enforceable as a contract. At Common Law,
a simple contract is unenforceable unless supported by some consideration.
Consideration is the bargain element of a contract.
It is nothing but mutuality. It has been defined as “an actor promise offered
by the one party and accepted by the other party as price for that others
promise.”
Judicial Definitions
In the words of Lush J. in Currie v. Misa, a variable consideration may consist of some right, interest, profit or benefit accruing to the one party or some loss,
forbearance, detriment or responsibility given, suffered or borne by the other.”
In the words of Patterson J in Thomas v. Thomas consideration means something which is of some value in the eye of the law moving from the plaintiff.
It maybe some benefit to the defendant or detriment to the plaintiff but at all events it must be moving from the plaintiff.”
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Consideration is whatever the promisee gives or provides to buy the promisors promises. By so doing the promisee becomes party to the contract.
Consideration takes various forms. In Carllil v. Carbolic Smoke Ball Co, it took the form of detriment i.e. swallowing of the smoke balls by Mrs. Carllil. In Patel
v. Hasmani, it took the form of forebearance to sue.

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