Business Law Offer And Acceptance
If a person agrees to all the conditions of an offer made to him without placing any counter condition the communication of such assent to the offerer is called an acceptance provided it s done with the intention of accepting the offer.
Business law offer and acceptance. A contract is then formed if there is express or implied agreement. The offer must have timely acceptance meaning it must be accepted before offer is terminated by any means requirement for valid acceptance. This classical approach to contract formation has been modified by developments in the law of estoppel misleading conduct misrepresentation unjust enrichment and power of acceptance.
The meaning of offer and acceptance is the basis of a contract. For an offer to be legally valid it must meet several qualifications. Offer and acceptance are components of an agreement.
To form a contract there must be an offer made by one party which is in turn accepted by another party and then in most cases goods and or services must be exchanged between the two. An offer and acceptance of that offer are the building blocks of a contract. One who gives acceptance is called offeree or promisee or acceptor.
The offer and acceptance formula developed in the 19th century identifies a moment of formation when the parties are of one mind. Elements to an offer in contract law the party making the offer is called the offeror. Communicated mailbox rule an acceptance is effective when correctly mailed or sent by similar means even if it is never received.
An offer in business law is an express proposal to enter into a contract with another person. Nate v waldorf designs. To have a valid contract all elements of the contract should exist such as agreement offer and acceptance consideration capacity intention to create legal relationship consent legality and certainty.
An offer is an indication by one person to another of their willingness to contract on certain terms without further negotiations. Offer constitutes question and acceptance constitutes answer. Sometimes the conduct of the offeree may constitute expression of acceptance.