Offer And Acceptance In Contract Law Cases
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FAQ
The meaning of offer and acceptance is the basis of a contract. 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.
The offeror must express his willingness to do or abstain from doing an act. Only willingness is not adequate. Or just an urge to do something or not to do anything will not be an offer. An offer can either be positive or negative.
To accept an offer, a person must clearly communicate acceptance of its terms and a willingness to be bound. A person cannot accept an offer that has been revoked. Acceptance can be made orally or in writing, unless the terms of the offer require a specific form of acceptance.
For example, if you offer a contractor to paint your home for a certain sum of money and make some advance payment to him, the receiving of advance payment itself amounts to an acceptance by the contractor.
There are several rules regarding the acceptance of an offer to enter into a contract: The acceptance must be communicated. Silence cannot usually be considered acceptance. The offer must be accepted without modifications, otherwise it is a counter-offer.
