In the context of contracts, acceptance refers to the fulfillment by one person of the terms of an offer made by another. Acceptance is judged objectively, but the conduct of the recipient of the offer may be expressly expressed or implied. The elements of acceptance in contract law are those elements that make up the valid acceptance of the terms of a contract. In this context, acceptance means an absolute and unconditional agreement of all terms.
It is the willingness of a party to enter into a contract with another party in accordance with the terms set by the offering party. To accept an offer, the person must clearly communicate acceptance of its terms and willingness to be bound. A person cannot accept an offer that has been revoked. Acceptance can be made orally or in writing, unless the terms of the offer require a specific form of acceptance.
Once the offer has been accepted, it cannot be revoked. Judicial Education Center1 University of New MexicoAlbuquerque, NM 87131-0001. Although the Fraud Statute requires certain types of contracts to be in writing, New Mexico recognizes and enforces oral contracts in some situations where the Fraud Statute does not apply. Acceptance in contract law refers to the expression of consent or agreement of a party to the terms of an offer in the manner required under the terms of the offer. Whether between merchants or non-traders, if the parties act as if there is a valid contract despite conflicting terms, the Uniform Commercial Code will assume that there is a binding contract between the parties.
Now that you know what acceptance is in contract law, what constitutes valid acceptance, the different types of offers and more, good luck in negotiating your contract. That case involved a contract dispute between a law student and a defense attorney in a prominent murder case. In addition, the terms will not become part of the contract if the offeror has expressly limited acceptance of the terms of the contract or if the terms have already been previously objected to. Occasionally, parties entering into a contract may want to ensure that an offer to enter into a contract remains open for a certain period of time.
However, when the contract is indefinite to the point where it cannot be said that the parties have had a brainstorming or when one of the parties clearly anticipates that something will be resolved as part of the negotiations and where it is never resolved, the contract may be unenforceable. If the contract is between merchants, the additional terms will become part of the contract, unless the additional terms are “material”.
