offerandaccept

The concept of offer and acceptance is a fundamental principle in contract law, representing the initial stages of a legally binding agreement. An offer is an expression of willingness to enter into a contract on specific terms, made by one party (the offeror) with the intent that it becomes binding upon acceptance by another party (the offeree). For an offer to be valid, it must be clear, definite, and communicated to the offeree, and it must convey the offeror’s intention to create legal relations.

Acceptance occurs when the offeree affirms the offer in a manner and within the manner specified (or if unspecified, following common practice). The acceptance must be effective, meaning it is communicated to the offeror and must be an unqualified assent to the terms of the offer. A counter-offer, which modifies or rejects any part of the original offer, serves as a new offer and terminates the first offer.

The "meeting of the minds" or consensus ad idem requirement is satisfied when offer and acceptance are aligned, establishing mutual assent. Once these elements coalesce, the parties are bound by the terms unless a statute or a legal principle, such as the doctrine of nullity, applies. The rules governing offer and acceptance vary slightly across jurisdictions, but the core elements remain consistent worldwide.