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Contract Law – Acceptance
After identifying an offer, you need to assess if it has been accepted. The'mirror-image rule' is a helpful notion for determining whether an offer is accepted. If the offeree's response differs from the offer, such as introducing a new term, it is not considered an acceptable acceptance. The key term is acceptance. An acceptance indicates complete agreement to the terms of the offer. Key term: mirror-image rule The mirror-image rule states that an acceptance must be identical to the corresponding offer. Acceptance can be expressed verbally or by actions taken by the recipient. If a person does not respond to an offer in writing or orally, but still fulfills their commitments in line with the terms, this is considered acceptance of the offer. Now try to respond.
Alan submits a draft contract to Billy. Billy assigns an arbitrator to handle any issues, approves the manuscript, and returns it to Alan. Alan receives the draft and files it. Alan and Billy begin fulfilling their commitments under the written contract. Has a contract been signed between Alan and Billy? The answer is yes. This illustration is based on the circumstance in Brogden v Metropolitan Railway Co. (1876-1877) LR2 App CA 666 (HL). The House of Lords determined that Party B (Billy in our example) submitted a counter-offer to Party A (Alan) by filling out the arbitrator's name and mailing him the contract. Party A's performance of obligations after receiving the contract was interpreted as acceptance of Party B's offer to create a legally binding contract.
After identifying an offer, you need to assess if it has been accepted. The'mirror-image rule' is a helpful notion for determining whether an offer is accepted. If the offeree's response differs from the offer, such as introducing a new term, it is not considered an acceptable acceptance. The key term is acceptance. An acceptance indicates complete agreement to the terms of the offer. Key term: mirror-image rule The mirror-image rule states that an acceptance must be identical to the corresponding offer. Acceptance can be expressed verbally or by actions taken by the recipient. If a person does not respond to an offer in writing or orally, but still fulfills their commitments in line with the terms, this is considered acceptance of the offer. Now try to respond.
Alan submits a draft contract to Billy. Billy assigns an arbitrator to handle any issues, approves the manuscript, and returns it to Alan. Alan receives the draft and files it. Alan and Billy begin fulfilling their commitments under the written contract. Has a contract been signed between Alan and Billy? The answer is yes. This illustration is based on the circumstance in Brogden v Metropolitan Railway Co. (1876-1877) LR2 App CA 666 (HL). The House of Lords determined that Party B (Billy in our example) submitted a counter-offer to Party A (Alan) by filling out the arbitrator's name and mailing him the contract. Party A's performance of obligations after receiving the contract was interpreted as acceptance of Party B's offer to create a legally binding contract.
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