Offer and Acceptance

Offer and acceptance are two essential elements of a contract that are necessary to create a legally binding agreement between two or more parties.

An offer is a proposal made by one party to another, indicating a willingness to enter into a legally binding contract on specific terms. The offer must be communicated to the offeree and must contain all the essential terms of the proposed contract, including the subject matter, price, and conditions of performance. An offer can be made in writing, orally, or by conduct.

Acceptance is the unqualified and unequivocal assent to the terms of an offer made by the offeree. The acceptance must be communicated to the offeror, and it must be made in accordance with the terms of the offer. Any modification or variation of the terms of the offer by the offeree constitutes a counter-offer, which the original offeror may accept or reject.

For a contract to be formed, there must be a clear and unequivocal acceptance of the offer by the offeree, which creates a meeting of the minds between the parties. Once the offer is accepted, the contract becomes legally binding, and both parties are bound by its terms and conditions.

It is essential to note that for an offer and acceptance to be valid, both parties must have the capacity to contract, the consent of the parties must be genuine, and the object of the contract must be lawful.
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