A party's conduct in charging fees at the rate specified in a letter of offer, while using the offeror's property, constitutes unequivocal acceptance of the offer when viewed in the context of the mutually understood purpose of the offer, even where the party does not comply with all other conditions of the offer. A letter expressing dissatisfaction with an offer and seeking better terms does not constitute rejection where it amounts to posturing common in contractual negotiations. The availability of restitutionary damages for breach of contract in Australia remains an open question that an intermediate appellate court declined to resolve.
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