Offer and Acceptance

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Offer and Acceptance

Published by: Anu Poudeli

Published date: 02 Aug 2023

Offer and Acceptance

Contract law is built around the concepts of offer and acceptance. They serve as the foundation of a contract between two or more parties and are required for the development of a legally binding contract.

Let's take a closer look at each of these ideas:

Offer

A proposal made by one party (the "offeror") to another party (the "offeree") showing an intention to enter into a contract is referred to as an offer. A valid offer must meet the following criteria:

a. Intent: The offeror must intend to establish a legal relationship with the offer. Offers are often not considered casual statements or just requests to negotiate.

b. Definite and precise Terms: The terms of the offer must be clear and precise, including the subject matter, price, quantity, and any other relevant information.

c. Communication: Either directly or through a valid method, the offer must be communicated to the offeree. It is ineffective until the offeree becomes aware of it.

d. Termination: An offer can be terminated by revocation (the offeror withdraws the offer before it is accepted), rejection (the offeree declines the offer), or expiration (the offeror sets a time limit for acceptance, and it expires if not accepted within that time).

Acceptance

Acceptance is the unconditional consent to the terms of the offer. It establishes a legally enforceable contract between the parties. Acceptance, like offers, has specific requirements:

a. Communication: Acceptance must be conveyed to the offeror or an agent or representative of the offeror. In most circumstances, silence does not imply assent.

b. Timeliness: Acceptance must be given within the time provided in the offer, or within a reasonable period if no time is specified. Acceptance of an offer is no longer feasible once it has been terminated.

c. Acceptance Mode: Unless the offer specifies a specific mode of acceptance, acceptance can normally be made by any acceptable means, including oral, written, or even behaviour that shows unequivocal acceptance.

It is critical to realize that a legitimate contract requires a "meeting of the minds" between the offeror and the offeree. There may be a problem if any of the key aspects of an offer or acceptance are absent.

Furthermore, certain circumstances, such as undue influence, deception, mistake, or incapacity of one of the parties, may render offers or acceptances invalid.

Remember that contract law varies by country, therefore it's advisable to seek particular counsel or guidance on offer and acceptance in your area from a legal professional.