An agreement arises from offer and acceptance

An agreement arises from offer and acceptance Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . An agreement arises from offer and acceptance PART B ‘A contract is based on agreement, which arises from offer and acceptance. One person makes an offer; another person accepts that offer. When that has happened, and provided that the other necessary factors, consideration and intention to contract, are present there is a contract. , A contract is an agreement supported by consideration made between two or more individuals with the intent to create legal relations and is not illegal or unenforceable under the law. An agreement is the net result of mutual promises. An agreement is said to come into existence when an offer made by the offeror is accepted by the offeree. Offer The offer may be made to one person, or to a group of persons, or to the public at large; it may be made expressly or by conduct. An offer is an expression of willingness to contract on specified terms , made with the intention that it is to become binding as soon as it is accepted by the person to whom it is addressed pg 8 g.h treitel Essential elements to an offer: The offeror must objectively intend to be bound with to further negotiation, by a simple acceptance of his terms.thus ther is no offer where the owner of a house, in response to an enquiry from a person who wishes to buy it, states the prices at which he might be prepared to sell. The terms of the offer must be definite or reasonably certain. The offer must be communicated to the offeree. Offer distinguished from invitation of treat. It is necessary to distinguish an offer from an invitation to treat . the importance of the distinguish is that, if an offer is made and accepted , the offeror is bound ; on the other hand , if what the offeror said or did does not amount to an offer, the other person cannot create a contract by accepting it. The process leading to an agreement may be long. It may consist of requests for information, statements made to encourage interest and the like . when the negotiations have reached the point where one the parties has made it clear that he is willing to contract on specific terms that need no futher elaboration or clarification , and all that is required is acceptance by the other party , at the stage it can be said that an offer has been made . in Gibson v MANCHESTER CITY COUNCIL (1979). HL) Acceptance Assuming that an offer has been made, a contract comes into existence when the offer is accepted. To accept an offer, the offeree must indicate his assent to the terms of the offer. He may do this either expressly (by words of acceptance) or by conduct. An ‘acknowledgement’ of an offer does not amount to an acceptance if it amounts merely to a confirmation that the offer has been received ; but it can amount to an acceptance if by its terms or in a particular context (e.g. in website trading ) it means that the person making it has agreed to the terms of the offer. Pg 10 paper