How Is an Offer Terminated? Please Provide Examples and Case Law in Order to Support Your Answer.

Acceptance-This basically means that the terms of the offer have been clearly understood and agreed to through consent and assent and at no time will the terms be changed.

However, the following are the vital steps contained in each contract. Also, without them the contract would not be considered valid. First, an offer entails a statement by one party who is willing to make a contract under certain conditions keeping in mind that it shall be accepted. Second, acceptance gives a picture of the agreement to the terms offered. According to Rogers (2012), acceptance is considered valid when, (1) it is made by an individual to whom the offer was directed, (2) it is unequivocal, and (3) it is communicated to the offeror. Third, consideration encompasses the terms of the contracts between the parties. Therefore,

Analysis: This situation should belong to Offer and Acceptance Section. An offer is not valid until it is received by the offered, and the offeror is not limited by the offer until such time as it is accepted according to Communication of an Offer. So in this case, Bishop received the letter on May 3rd, before May 3rd, it is not bounded. On may 22nd, Bishop wrote to this company and accepted this offer. According to Acceptance of an Offer, the acceptance must take the form if certain words or acts in accordance with the offer that will indicate to the offeror that the offeree has accepted the offer. In addition, the acceptance of the offer takes place when the letter of acceptance, properly addressed and the postage paid, is placed in the postbox or post office. So for Bishop (defendant), it obeys the rules of an offer and acceptance. For Armstrong Aggregates Company (plaintiff), they cannot change their offer by increasing the offer because Bishop had already accepted the offer and sent to this company on May 22nd. Meanwhile, the company did not communicate with Bishop about change the price. Therefore, this action is not valid and this company should still accept this offer at $180.

‘Acceptance is a definite and unqualified assent to an offer, on all of its terms. Any acceptance given conditionally will not result in a legally binding agreement.’

The offer and acceptance model is flawed- only an agreement is necessary. In order to fully comprehend this statement, we must first establish what constitutes and offer and what constitutes acceptance. “An offer is a statement by one party of willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to the terms proposed by the offeror”. The “Offer and acceptance model” is based on the court’s adopt the “mirror image” rule of contractual formation. Applying the definitions stated above, we can take this to mean that there must be a clear and unequivocal offer which must be matched by an equally

The validity of contract is determined by the involved parties being in agreement to the terms of the contract. One of the parties submits the offer while the other accepts it within the stipulated period. The agreement concerning contracts should never be coerced since if procured by fraud or duress, it becomes void. Its enforceability may leave more questions than answers if it one sided. This is case where the terms are favors unreasonably one party in the contract (Helewitz

Agreement: There must be an offer coming from the offeror and an acceptance of this offer by the offeree. Mutual consent is required.

Acceptance: The contract is said to be made once the offer has been accepted. An offer is accepted by the offeree when the offeree accepts certain terms of the offeror. While accepting offer certain rules are to be applied such as only the offeree can accept the

Professor Treitel defines the term offer as an offer can be defined as expressing a willingness to create a contract based on certain terms. This offer is made with the understanding that it will become binding as soon as the offeree accepts it; it essentially means in order to establish a legally binding contract between two parties, there has to be first an offer made by one party and acceptance from another party or parties, meaning that both parties have the same element of intention to establish a legally binding contract between them, this is known as ‘the mirror image rule’ the offer and acceptance both have to both match.

The contract involved as stated, an “offer”, which is a communication of willingness to carry out an action on certain circumstances, which are made with the purpose that an compulsory agreement will exist once it is accepted, and an ‘acceptance’ which is the ultimate and complete agreement to all of the terms of the offer.

2. Acceptance. As a general proposition of law, the acceptance of the offer made by one party by the other party is what creates the contract. This acceptance, as a general rule, cannot be withdrawn, nor can it vary the terms of the offer, or alter it, or modify it. To do so makes the acceptance a counter-offer. Though this proposition may vary from state to state, the general rule is that there are no conditional acceptances by law. In fact, by making a conditional acceptance, the offeree is rejecting the offer. However the offerer, at his choosing, by act or word which shows acceptance of the counter-offer, can be bound by the conditions tendered by the offeree.

For this particular situation, the ad that was run was not the original offer. Peter visiting the nursing home and asking Don if he “Would be willing” would have been the offer. Since Don was aware of who made the offer, Don should have contacted Peter directly and notified him that the nursing home was full. With regards to the sign being posted in the lobby, Peter was aware of the notice, but did not believe that it had applied to him, as he believed that his father was already accepted as a resident. Since Peter was now aware of the revocation of the notice this would constitute a non enforceable contract if Don’s offer was freely revocable.

It is a proposition to do a thing. An offer ought to contain a right, if accepted; compelling the fulfillment of the contract and this right when not expressed is always implied. By virtue of his natural liberty, a man may change his will at any time, if it is not to the injury of another; he may, therefore, revoke or recall his offers, at any time before they have been accepted; and in order to deprive him of this right the offer must have been accepted on the terms in which it was made. Any qualification of, or departure from those terms, invalidates the offer unless the same be agreed to by the party who made it. When the offer has been made, the party is presumed to be willing to enter into the contract for the time limited, and if the time be not fixed by the offer, then until it be expressly revoked or rendered nugatory by a contrary presumption.

An offer is only enforceable if some form of payment has been made for it

Acceptance is a final and unqualified expression of consent to the terms of an offer. An offer may only be accepted by the person to whom it is made unless an agent is authorized to accept on behalf of that person. In addition, an acceptance must be made in the manner requested or authorized by the offering party. If the party to whom the offer is made