Acceptance

Acceptance in contract law is the unequivocal agreement to the terms of an offer, creating a binding contract. It must occur while the offer is valid and can be expressed verbally, in writing, or through conduct, provided it aligns with the offer’s requirements. Acceptance must be unambiguous and unconditional; introducing new terms may constitute a counter-offer, effectively rejecting the original offer. Acceptance of a unilateral offer is completed through performance, while bilateral contracts typically require communication of acceptance.

An offer cannot be accepted if the offeree is unaware of it, as the element of mutual exchange is absent. Counter-offers introduce new terms and usually terminate the original offer, requiring fresh acceptance. Acceptance must generally be communicated to the offeror, but certain exceptions exist, such as implied acceptance through performance or pre-established conduct between parties.

The postal rule deems acceptance valid once posted, provided this method is intended or implied by the offer. However, the rule does not apply if explicit receipt is required. Communication of acceptance can be waived in specific scenarios, such as when services are rendered at the offeror’s request, implying acceptance.

Inertia selling, where silence is presumed as acceptance, is prohibited. Unsolicited goods may be treated as gifts if unclaimed within statutory timeframes, safeguarding recipients from unwarranted demands.

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