What rule comes from R v. Clarke?

You cannot accept an offer if you do not act because of that offer. Acceptance must be in response to the offer.

Why did Clarke fail to get the reward?

He gave information to clear his own name, not to claim the reward. He did not act on the offer at the time.

Does prior knowledge of an offer always help?

No. Even if you knew earlier, you must actually act because of the offer when you perform the condition.

Is R v. Clarke a unilateral contract case?

Yes. Reward cases are unilateral in nature, but acceptance needs awareness and reliance on the offer.

How to use this case in exams?

Use it to show that motive matters: performance must be motivated by the offer. Otherwise there is no acceptance and no contract.

r-v-clarke-acceptance-in-ignorance-of-offer

R v. Clarke (Acceptance in Ignorance of Offer)

Contract Law High Court of Australia 1927 Citation: (1927) 40 CLR 227 Bench: High Court Reading time: ~4 min

Author: Gulzar Hashmi | India | Published on 26 Oct 2025

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Quick Summary

Clarke gave key information that solved a murder case. A reward had been offered by the Crown. But Clarke said he spoke only to clear his name. The court held: to claim a reward, your act must be done because of the offer. If you did not act in response to the offer, there is no acceptance and no contract.

Issues

Was there a contract between Clarke and the Crown for the reward?
Could Clarke claim the reward when he acted only to clear his name?

Rules

Acceptance must be made in response to the offer.
You cannot accept an offer if you do not know about it at the time of acting—or if you do not rely on it.

Exam Tip: Knowledge + Reliance = Valid acceptance in reward cases.

Facts (Timeline)

Suspicion: Clarke was suspected of involvement in two murders.

Reward: The Crown announced a reward for information leading to conviction.

Information given: Clarke provided details that enabled the arrests and case progress.

Key admission: Clarke stated he spoke “exclusively to clear his name,” not to get the reward.

Claim: Clarke later claimed the reward money.

Refusal: The Crown refused payment; dispute reached the High Court.

Arguments

Appellant (Clarke)

The offer existed; I performed the required act (gave decisive information).
Performance should equal acceptance in a reward (unilateral) contract.

Respondent (Crown)

Clarke did not act in reliance on the offer; he acted to clear himself.
No nexus between the offer and his act → no acceptance → no contract.

Judgment (Held)

The High Court held that there was no contract. Unless the claimant performs the conditions relying on the offer, there is no acceptance. Clarke acted to clear his name, not because of the reward.

No acceptance without knowledge + reliance.
Performance alone is not enough in reward cases.

Ratio Decidendi

In a reward (unilateral) offer, the offeree must know of the offer and act because of it. Without such reliance, there is no acceptance and no contract.

Why It Matters

Clarifies the motivation element in acceptance for rewards.
Prevents claims when people act for other reasons (e.g., clearing suspicion).
Sets a clean exam rule: Knowledge + Reliance → Acceptance.

Key Takeaways

Rewards are unilateral offers, but acceptance needs awareness.
You must act because of the offer, not merely while it exists.
Statements of motive can defeat a reward claim.

Mnemonic + 3-Step Hook

Mnemonic: “Know & Go”

Know the offer when you act.
Go because of the offer.

3-Step Exam Hook

Identify: Reward/unilateral offer?
Check: Knowledge at time of acting?
Confirm: Reliance/motive from the offer?

IRAC Outline

Issue

Did Clarke accept the reward offer by giving information, creating a binding contract?

Rule

Acceptance must be with knowledge of, and in response to, the offer. Mere performance without reliance is not acceptance.

Application

Clarke admitted he acted solely to clear his name. His act was not motivated by the reward offer.

Conclusion

No acceptance; therefore, no contract and no reward payable.

Glossary

Unilateral Offer: An offer accepted by doing the required act (e.g., reward cases).
Reliance: Acting because of the offer, not for some other reason.
Acceptance: Final assent to the offer—here shown by performance done with knowledge and reliance.