Contract Without Offer And Acceptance In Philadelphia
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Offer and Acceptance: One party must make an offer, and the other must accept it. Mutual Consent: Both parties agree to the terms without coercion. Contract law often refers to this condition as a "meeting of the minds." Competence: The parties must have the legal capacity to agree.
Silence as Assent Under common law, silence could not assent to a contract. A party could not be bound to a contract without a clear acceptance of all terms.
Poor communication and inadequate documentation can also lead to breaches of contract. When parties fail to communicate effectively or neglect to document important discussions and agreements, misunderstandings can arise, making it difficult to enforce the terms of the contract.
A contract will only be legally binding upon the contracting parties if the following requirements are complied with: consensus, contractual capacity, certainty, possibility, legality and formalities. 39 The above requirements will be discussed next.
Ing to Boundy (2012), typically, a written contract will include: Date of agreement. Names of parties to the agreement. Preliminary clauses. Defined terms. Main contract clauses. Schedules/appendices and signature provisions (para. 5).
In order that the acceptance can be treated as valid it is necessary that the same must be communicated to the offeror either by the offeree or by some duly authorised person on his behalf. If the communication is made by an unauthorised person, it does not result in a contract.
Communication of acceptance can be waived in specific scenarios, such as when services are rendered at the offeror's request, implying acceptance. Inertia selling, where silence is presumed as acceptance, is prohibited.
For a proposal to become a contract, the acceptance of such a proposal must be communicated to the promisor. The communication must occur in the prescribed form, or any such form in the normal course of business if no specific form has been prescribed.
The so-called "silent" contract is one in which no reference is made to the continuance of past practices or to the guarantee of local working conditions not specifically covered by the agree- ment.
