A counter offer is an offer made in response to a previous offer by the other party during negotiations for a final contract. It is a new offer made in response to an offer received. It has the effect of rejecting the original offer, which cannot be accepted thereafter unless revived by the offeror. However, with regard to sales of goods, Article 2-207 of the Uniform Commercial Code provides: "A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms."
Clark Nevada Letter with Conditional Acceptance of Property Specifying Place of Performance
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Multi-State
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Clark
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US-01263BG
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How to fill out Letter With Conditional Acceptance Of Property Specifying Place Of Performance?
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FAQ
(1) The offer must be Communicated Communication or expression of the willingness by the offerer to enter into a contract or abstain from doing so is essential for a valid offer. Mere desire or willingness to do or not to do something is not enough and will not constitute for an offer.
Every enforceable contract consists of three basic elements: offer, acceptance and consideration. In this module, we'll explore offer and acceptance, which constitute mutual assent, the basic building block of a contract. Mutual assent requires (1) an intent to be bound; and (2) definiteness of essential terms.
What is Offer? Essentials of Valid Offer and Types of Offer Offer must be communicated :-Must create legal relationship:-Definite, unambiguous and certain in nature:It must distinguished from invitation to offer:-It may be general or specific in nature:-Offer must be made with a view to obtain the assent :-
Conditional Acceptance A conditional acceptance, sometimes called a qualified acceptance, occurs when a person to whom an offer has been made tells the offeror that he or she is willing to agree to the offer provided that some changes are made in its terms or that some condition or event occurs.
Rules Regarding Acceptance The acceptance has to be communicated by conduct or words. The acceptance is communicated when provided in a certain manner. Acceptance cannot be conditional. The mental acceptance or acceptance that is uncommunicated cannot produce the contract.
In order for an offer to be valid, it must be clearly communicated, giving the offeree a chance to accept or reject it. Clear communication can include actions, oral communication, or in writing. A valid offer can be made to a group, a single person, or the public at large. Valid offers are definite in their substance.
Conditional Acceptance and Counteroffers A counteroffer isn't an acceptance because it materially changes the terms of the proposed contract. Legally, a counteroffer is considered a rejection of the original offer and the proposal of a new offer in its place.
(4) A qualified or conditional acceptance by the offeree A conditional or qualified acceptance is an acceptance that adds to, or changes, the terms of the original offer. This is essentially a counteroffer. A conditional or qualified acceptance generally terminates the offeree's power of acceptance.
Acceptance must be unconditional and absolute. There cannot be conditional acceptance, that would amount to a counteroffer which nullifies the original offer.
The legal rule that when an offer in contract is expected to be accepted by post, the time and place at which the acceptance is posted is the time and place at which the contract will be taken to have been formed.
