business law conditional acceptance Essay

Words: 1400
Pages: 6

Research essay Forming a contract there must be six essential elements which are acceptance, consideration, intention to be legally binding, capacity of the contract and finally legality of the promises.1To archive an agreement between the offeror and offeree there is a formula whereby offer+ acceptance=agreement.2An offer has to be created firstly. An offer means the indication by one person to another of his willingness to enter a contract with the other person on curtain terms.3An offer can either be written or oral example of an offer are email, letters, verbally offering something and internet. The purpose of this research essay is to see how the Australian contract law about acceptance must be unconditional and final. This essay …show more content…
The both letter had “in principle” in it. The court said that “in principle” indicates that there were no unqualified acceptance by the offeree of the offer.16This cases had strong court judgment that the first rule of acceptance that is must be clear and unequivocal and certainly not conditional.17 Conditional acceptance might also been known as qualified acceptance. This type of acceptance is known as when a person to whom an offer has been made tells the offeror that he or she is willing to agree to the offer provided that there are some changes are made in its terms or that some condition or event occurs. This is merely a counter offer this isn’t an acceptance.18The case that showed that conditional offer is a counter offer is ‘Hyde v Wrench’.19The story was when an offer was made to Hyde by wrench to buy the property for $1000, but then Hyde made a new offer stating that can he buy it for $950.Wrench rejected this offer then, Hyde wanted to buy the property back with the original price of $1000 and wrench refused to sell it. Then, Hyde sued