Express acceptance occurs when someone agrees to the terms of an offer, either verbally or in writing, resulting in a legally binding contract. If the acceptance alters the terms of the original offer, it becomes a counteroffer. Acceptance through silence is generally not considered valid, unless the offeror anticipates a response and the absence of one implies acceptance. Qualified acceptance takes place when someone agrees to some terms of an offer but modifies others, resulting in a counteroffer. In the context of purchasing goods, acceptance refers to agreeing to receive the goods as part of a sales contract. In the context of negotiable instruments, acceptance refers to agreeing to make payment on the instrument. Various types of acceptance exist, including accommodation acceptance, banker’s acceptance, and trade acceptance.
Express acceptance in contract law occurs when the offeree explicitly agrees to the terms of an offer, either through words or actions, as authorized or requested by the offeror. This results in a legally binding contract between the parties involved. For instance, if a seller offers to sell a car to a buyer for $10,000 and the buyer responds by stating “I accept your offer,” this serves as an example of express acceptance. In this case, the buyer has clearly and explicitly agreed to the terms of the offer, leading to the formation of a binding contract. Another instance of express acceptance is when a buyer signs a contract for the purchase of goods, indicating their agreement to the terms and conditions outlined in the contract. These examples highlight the requirement of express acceptance to involve a definite and explicit agreement to the terms of an offer, whether through verbal or non-verbal means.
Express acceptance in contract law refers to the clear and unambiguous acceptance of an offer by the offeree. It can be in the form of a verbal or written communication, or any other act that clearly indicates the offeree’s intention to accept the offer.
Express acceptance involves a clear and direct communication of acceptance, while implied acceptance is inferred from the conduct or actions of the offeree. Express acceptance leaves no room for ambiguity, while implied acceptance may be open to interpretation.
Once express acceptance is communicated to the offeror, it generally cannot be revoked. However, there are certain circumstances where revocation of express acceptance may be possible, such as if the offeror has not yet received the acceptance or if there is a valid reason for revocation.
In most cases, express acceptance is required for a contract to be valid. Without clear and unambiguous acceptance of the offer, there is no meeting of the minds between the parties, and therefore no binding contract.
Yes, express acceptance can be communicated through email or text message, as long as the communication clearly indicates the offeree’s intention to accept the offer. However, it is important to consider any specific requirements or limitations outlined in the offer or applicable laws.
If the offeree’s express acceptance contains additional terms or conditions, it may be considered a counteroffer rather than a valid acceptance. The original offeror can then choose to accept the counteroffer, reject it, or propose further negotiations.
In a unilateral contract, express acceptance is typically not required. Instead, the offeree’s performance of the requested action or task serves as acceptance of the offer.
In some cases, express acceptance can be communicated through a third party acting as the offeree’s agent. However, it is important to ensure that the communication accurately reflects the offeree’s intention to accept the offer.
If the offeror does not receive the offeree’s express acceptance, the offer may remain open for acceptance until a reasonable amount of time has passed. If the offeror has not received the acceptance within a reasonable time frame, the offer may be considered expired.
Express acceptance cannot be withdrawn before it is communicated to the offeror, as it is the act of communication that finalizes the acceptance. Once the acceptance is communicated, it generally cannot be revoked.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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