Acceptance Of An Agreement

1.It must be an absolute and unrestricted acceptance of all the terms of the offer: Article 7, paragraph 1). If there is a difference, even on an insignificant point, between the terms of acceptance, there is no contract. The post office box rule applies to the acceptance of the contract. The rule is that if someone sends a reception, it is effective when it is sent, not when it is received. Once the acceptance is sent, the offer can no longer be revoked. The following scenario shows how silence is not considered an acceptance of an offer: before you start drafting a binding contract creating legal obligations between the parties, you must first prove the existence of an agreement between all parties. In particular, the bidder must clearly accept the supplier`s offer. In this case, the supplier`s silence or inaction is the assumption the supplier can rely on. Tacit acceptance An unspoken assumption is a hypothesis that is not directly indicated, but is supported by acts that indicate a person`s consent to the proposed bargain.

A tacit acceptance is made when a buyer chooses an item from a supermarket and pays the cash register. The buyer`s behaviour indicates that he accepted the supermarket owner`s offer to sell the item at the stated price. In this case, the courts will not determine that durian seller B had accepted the contract. Although he mentally accepted the contract, this acceptance was not passed on to Client A. Therefore, Customer A cannot sue the durian seller because he did not deliver the Durians. As offer and acceptance are necessarily linked, offer and acceptance are analyzed jointly in California (United States) as sub-elements of a single element known as consent of the parties or as mutual consent. [33] Some offers can only be accepted by the performance or non-compliance with a particular act. Once formed, these types of agreements are referred to as unilateral contracts and will be discussed in more detail in this article.

Other offers can only be accepted by a promise of return from the bidder. After their creation, these agreements will be called bilateral treaties and will be discussed in more detail in this article. However, the inaction or silence of a party generally does not imply acceptance. An exception to this rule may occur when two parties have dealt with each other in the past. During these transactions, the supplier was asked to believe that the bidder would accept all of the supplier`s products unless the bidder announced otherwise.

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