Examining the Law Relating to Acceptance of an Offer - Essay Example

? Acceptance of an Offer Contract Law Introduction Evidently through a definition perception, a contract is an accord which forms rise to requirements that are imposed by law. The aspect, which differentiates contractual from other contracts, is that they are founded on the accord of the constricting parties. In that case, to enter a lawfully binding mutual contract there ought to be an offer and an acceptance. In definition, an offer refers to the enthusiasm to agreement on certain conditions made with the aim that a binding conformity will subsist once the offer is acknowledged. On the other part of a contract is the acceptance of any given offer. In terms of definition, acceptance refers to the concluding unqualified term of acquiesce to all the conditions of an offer as declared by the postal law. With reference to offer, acceptance must be communicated to be valid as demonstrated through several different studies. Notably, the communication of acceptance is usually in writing, orally, and inferred from demeanor. Noteworthy, there can always be an acceptance simply when there is an offer. Nevertheless, in the absence of an offer, acceptance cannot take place at all and so there is no officially binding contract that can be produced. This paper critically examines the law that relates to acceptance and offer. Examining the law relating to Acceptance of an Offer The law relating to acceptance and offer can be examined through various ways. Such methods come in relation to the basics of contract law, which to some extent have some comparable aspects. Essentially, the law that relates to acceptance and offer can be clearly understood through understanding the essential elements of contract law that define such aspects accordingly. In one way or the other, various studies have explored this topic from a thoughtful standpoint. However, the most important thing is that such studies bring comparable understanding in terms of the law that relates to offer and acceptance. In general, there is always a law that defines various aspects of a contract1. That is been the case there is some evidence that the law that relates to offer and acceptance is comprised of several segments. Through the definition of the two terms that is, offer and acceptance, we will be competent enough to explore and examine the law in a thoughtful standpoint. This is well depicted through the case of Gibson v Manchester City Council [1979] 1 WLR 294 Through critically examining the law relating to acceptance and offer, one can deduce that there are various concepts that are taken into consideration. From literature and with reference to the postal law declaration, it is evident that an offer may rescind an offer previous to been accepted. However, the revocation has to be communicated to the offered party, even though not essentially by the party offering. Most importantly, an offer may not be withdrawn if it has been summarized in an option. On the contrary, acceptance is the final and expression of concord based on the terms of an offer as declared by the postal law. It is no protection to an act based on an agreement for the defendant to assert that he never intended to be bound by the concord2. This is especially if at all the circumstances is proved at examination that the conduct was such that it corresponded to the other party that the defendant had actually settled. Through the case study of Gibbons v Proctor (1891) 64 LT 594, this can be well understood. Through examining the law relating to acceptance and offer, it is worth to contemplate that a contract has to be created, in the assumption that the other requirements are met accordingly. This occurs especially during instances when the parties provide objective demonstration of the aim to form the contract3. For sure, the assent must be provided to terms of the accord. More often than not, this entails the generation, through making sure that one party involved in the offer has to bind in the lead of certain terms, and the involved parties' that is, the acceptance of the tender on the equivalent terms. Overall, either the acceptance of an offer can be a declaration of conformity, or, if the offer supports acceptance in this way, a presentation of an act provided in the terms of the offer. For a contract that is based on offer and acceptance to be compulsory, the terms should be competent of determination in a manner that it is comprehensible that the parties assent was provided to the matching terms as depicted through the case of Mondale Shipping and Chartering BV v Astarte Shipping Ltd [1995] CLC 1011. The terms, reminiscent of the manifestation of consent itself, are or must be determined impartially. In that case, they should be written, or in some times provided in oral4. Despite this conception, it is worth to note that some forms of contracts require writing. This comes as a way of providing evidence of the conformity to be implemented. Through signing an agreement comes as one way through which a party may prove assent. Then again, an offer comprising of a promise to pay an important person if the latter carries out certain actions the requested demeanor in its place of a promise to do the action may approve which the latter would not or else do. The presentation of the requested proceed signifies objectively the party's agree to the conditions of the offer. In the event where an accord is signed between different parties, the law becomes defined accordingly. This comes as an indication that security is guaranteed and in that manner developing an environment, which comfortable for performing different business transactions . In a nutshell, there is some evidence that the manner through which the law is developed largely depends with how the relationship between offer and acceptance will be made. This implies that in one way the law stands as the governing scheme defining the two elements. As a rule, there can be an acceptance during the time of an offer. Most importantly, in the event where there is the absence of the offer, there can be no acceptance5. This is an implication that there is no officially binding contract that cab be generated in the long run. In one way or the other, this defines the law relating to acceptance and offer (Chappell & Co. v Nestle Co. Ltd [1960] AC 87). The approach through which an acceptance is communicated remains being significant because this makes it valid. The postal law declares that an offer is accepted, seeing that the notification of acceptance is provided in clear details. This defines the approach through which the law relates to the two segments of transactions6. For this reason, though a letter might be received on the varying dates within the year, the acceptance of the offer takes place on certain dates scheduled accordingly . Notably it is not understandable whether the postal law is applicable to emails as such, an incidence has no guide. Nonetheless, there is reason to think that the postal regulation may become applicable to emails. Offer and acceptance psychoanalysis is a long-established approach in contract law, which has been used towards determining if an agreement exists sandwiched between two parties. An offer is a sign by one individual to the other of their eagerness to contract on specific terms without additional discussions. A contract is after that, produced if there is an implied conformity. A contract is as a result, said to become into continuation when acceptance of an offer has been passed between the two parties through communication. Therefore, communication is another aspect or element that forms a benchmark from where different terms of the law must be put into consideration in one way or the other. The important requirement is that there must be confirmation that the parties have each from an objective standpoint occupied in conduct to manifest their assent. Such manifestation of assent hypothesis of contract arrangement may be compared with existing theories, in which it is sometimes debated that a contract needs the parties to have a factual meeting of the minds sandwiched between the parties . Beneath this, a party could refuse to accept a claim of violate by means of proving that even though it may have seemed dispassionately that he planned to be bound by the union7. This becomes unsatisfactory, given that the other parties do not have means to know their counterparts' unnamed intentions (Webby v Drake (1825) 1 C & P 557). In that case, they can only act in the lead of what a party reveals impartially to be his intention. This is why a genuine meeting of the minds is not necessarily needed. From a descriptive basis and based on research studies, a contract defines an accord between several parties. Such an accord denotes the law-governing acceptance and offer in the fullness of time. Most importantly, the agreement is usually founded on mutual promises to do or cease from specific things that are either against the law or impossible8. With reference to this conception, various basics that define the law relating to acceptance and offer can be examined from taking a look at the six basic components of a contract that comprise of an acceptance, offer, consideration, legality, mutual assent, and capacity . These elements are considered very critical as far as contract law is involved; for this reason they are applicable in several fields. All things considered, such elements are essential hence, they define contract law in one way or the other. In order to be enforceable, an accord between acceptance and offer should conform to the rule of contracts. However, it is worth to note that courts have never been pleasurable to the enforcement of contracts which care social . Noteworthy, the ultimate rule of contract law is that parties to an agreement be obliged to stand in privacy to the other party. Evidently through this research, attributes of contracts fall into different classes. Such classes are void, valid, voidable, bilateral, and informal. These cases determine the approach through which the law is designed and thereby providing the best approach for the two elements. With reference to various statistics, there is some prove that acceptance and offer goes hand in hand. That is been the case these defines the approach through which the law or its concepts comes into application in the fullness of time. In essence, the law forms the basis through which the two terms function towards enhancing safety in terms of doing such related transactions . In its implication, the law relates to offer and acceptance in the way through which certain tasks are completed. A special form of formal contract is commonly referred to as a contract of record. Over and over again, this contract is approved by the court with a supplementary judgment issued in support of one of the parties involved in the entire agreement. In its implication, recording of the judgment is emphasized, an issue, which gives the winning litigant the power to demand satisfaction9. To the large part, a contract of record is often not referred as a true contract in the true sense of nature. This is because it is not mostly created. However, it does not have all the components of a genuine contract. That is been the case it is usually enforced for public policy causes . A contract that is yet not fully performed by the parties is referred to as an executor contract. There are different laws that govern offer and acceptance. Such laws are usually founded on different conceptions and so they determine the approach through which safety is ensured in the long run10. On the whole, the importance of each element that is, offer and acceptance has its role to accomplish in the long run. This comes through the way each element corresponds to various tasks towards enhancing the continuation of the terms. Towards defining the law, it is evident that one can comprehend that each segment has a role to play. This type of contract may be entirely executor; in that case nothing has been accomplished. In the event where terms of a contract have been completely performed by both the two parties involved, it becomes an excited contract. These forms of contracts are no longer active accords and are only valuable if a disagreement related to the agreements takes place . Having ascertained the specific aspects of agreement as a juristic commencement, the following procedure is to determine the approach through which contracts are designed11. A section of the description of the agreement being that it is a contract enforceable at rule, it adheres that parties have got to analyze the components of a contract for example the law will hold to be fastening between the two parties involved at large (Pao On v Lau Yiu Long [1980] AC 614). In essence, the law developed for such contracts ensures that there is a mutual benefit realized for all parties that adhere to different regulations in due course. The most common essential of a contract law have been critically analyzed in these articles through explanation, which support the intended purpose. In that sense, the contract must be in the shape required by the authority . Secondly, there be obliged to a consideration, when needed by the concerned authority. This acts as future evidence concerning the rightful owner of the agreement. The involved parties must be competent in making law to a valid contract. Towards defining the law relating to acceptance and offer, certain things are put into consideration. Such things can be clearly seen through the description below. There are various laws that deal with communication of acceptance. The acceptance should be communicated . However, this largely depends on the structure of the contract; the acceptance may never have to be enforced until the notice of the performance of the terms in the offer. Conclusion As a point of conclusion, we can deduce that there are various concepts which must be put into consideration as far as examining the law that relates to offer and acceptance is involved . Notably through this discussion, the manner through which an aspect differentiates contractual from other contracts is that they are established on the agreement of the constricting parties. This is an implication that entering a legally binding mutual contract there ought to be an offer and an acceptance. In definition, an offer refers to the enthusiasm to agreement on certain conditions made with the aim that a binding conformity will subsist once the offer is acknowledged (Henthorn v Fraser [1982] 2 Ch 27). On the other fraction of the agreement is the understanding of acceptance of any given offer? In terms of definition, acceptance refers to the concluding unqualified term of acquiesce to all the conditions of an offer. With reference to offer, acceptance must be communicated to be valid as demonstrated through several different studies. Notably, the communication of acceptance is usually in writing, orally, and inferred from demeanor. Noteworthy, there can always be an acceptance simply when there is an offer. Nevertheless, in the absence of an offer, acceptance can not take place at all and so there is no officially binding contract that can be produced. Bibliography A. Corbin. ‘Offer and Acceptance, and some of the Resulting Legal Relations’ (2006) 39-4 J. Clark. Handbook of The Law Of Contracts, Journal of Contracts, (2012) 1-4. Read More