Business Law: Offer, Acceptance, and Contract Law with Case Studies

This report delves into the fundamental principles of contract law, focusing on the crucial elements of offer and acceptance. It begins by defining an offer as a clear expression of willingness to enter into an agreement, highlighting the roles of the offeror and offeree. The report outlines the essential rules governing offers, including the requirement for clear terms and valid intentions, and differentiates between general and specific offers, along with counteroffers. Case law examples, such as Harvey v. Facey, are used to illustrate these concepts. The discussion then transitions to acceptance, emphasizing the importance of a party's willingness to agree to the offer's terms. It outlines the rules for valid acceptance, including the necessity of communication and the principle that silence does not constitute acceptance, as demonstrated by Felthouse v. Bindley. The report further explains the significance of communication of acceptance, as highlighted in Carlill v. Carbolic Smoke Ball Co. Finally, the report concludes by summarizing the importance of offer and acceptance in forming legally binding contracts.

BUSINESS LAW
(Assessment B)

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
Explain the basic rules of an offer. Illustrate your work with case law examples.....................3
Explain the basic principle of acceptance. Illustrate your work with case law examples..........4
CONCLUSION ...............................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Contract law is the most important element for the individual that are interested in
coming into any agreement. All the agreements when being framed and are enforceable by law
will be counted as a contract(Barsan, 2017). It covers all the rules and laws with certain essential
elements that are important for the parties to follow the rules like offer, acceptance, consideration
and also the legal obligation through which the contract can be framed. In this report there will
be a detailed discussion about the offer and the acceptance in order to frame any contract with
their general case laws.
MAIN BODY
PART 1
Explain the basic rules of an offer. Illustrate your work with case law examples.
Offer is the willingness of any person in order to get into any task with an intention to
make the work done when the party accepts that work to be made. It is mainly at prior is a
statement that is made by the one party in order to frame or enter in a contract and that to be
made or communicated to the other person that may be called as Offeree. And the person who I
generating that offer will be named as Offeror. There are certain important elements which are
important in order to make that offer valid that is fair description of the terms of the contracts
and the reason behind that offer is made in order to enter in a contract all the companies should
try to make the clear and valid intentions. In all the offer being made there are two main p0erson
that are covered in the contract they are: Offerer- The person who is making the proposal in front of the other person will be
named as an offerer and initiative of the contract will be made by this person who
propose the offer.
 Offeree- This is the person to whom the offer is being made as that proposal when being
made to any person that will be termed as offeree.
There are mainly two kinds of offer that bis being made by any person they are:
 General offer- All the offer which are made for the whole public as in order to make it
fulfil. There will not be any specific individual in that contract and that offer will cover
whole public (Depincé, 2020).Mainly all this offer use to abide when the person making
such offer wants that work to be done by any person.

 Specific offer- The offer which is raised by the specific individual in order to make that
person to get it done by the specific person will amount to specific offer. There has been
seen that all the offers that are being raised and made to certain individual and that
contract will only be framed if that person is ready to make the offer.
 Counter Offer- This kind of offer is made in the parties when they tries to implement
any contract and for that contract the negotiation is being framed and the party to whom
the offer has been made negotiate and propose a new offer. On the time of counter offer
all the prior offer will be revoked and the new counter offer will be treated as the actual
offer.
In the case, Harvey v. Facey court held that there will not be any contract in the parties if
they seems that there is no information about the offer there was just a request for the
information and no offer lies in the parties(Ergin, 2019).
There are mainly two kinds of offer which is Bilateral offer that is being made by the
parties as in order to frame certain areas and methods of the guidelines that can be changed on
the part of negotiations. This is the mostly used offer as all the parties while coming in the
contract tries to bargain about the work.
In Unilateral offer the offer is made for the contract as they provides varies areas and
recognition and the offer will be termed as final and there will not be negotiation made and the
offer will have to be accepted in a way it is.
Revocation of Offer- The offerer or the person who has offered can revoke the offer at
any time before the party or any person has started to perform that act. And that revocation will
have to be communicated to the party.
In Dickinson v. Dodds, Court held that the offer can at any time revoked before the party
has started doing that work or before the performance of the contract and that should be
mentioned to the other party.
PART 2
Explain the basic principle of acceptance. Illustrate your work with case law examples.
Acceptance is mainly the willingness of the party to perform the offerer which has been
made by the offerer(Swan, 2017). The acceptance is generally being made when any offer is
made to the party and that party is ready to accept all the implications that are important with
further matters. In acceptance of the parties there seems to be made that all the meeting of the

minds. If there are two parties and the one is making the offer to another then that offer will only
be valid if there seems that they had accepted that offer in that mere time. There can be made that
ball the work which is proposed by the person can be framed in the contract if all those important
implications are fulfilled. The general rules and the areas in which they are trying to work will
cover the necessary rules.
Acceptance can only be framed when the person to whom the offer is being made can
totally rely on the person on whom that consideration is being framed. The acceptance is mainly
being done by the person as if they seems like this will be contractually an important area and the
consideration with all the legal obligations made. The person who is being ready to accept the
offer should frame its acceptance either expressly or impliedly. Mere silence does not amount to
acceptance. In Felthouse v. Bindley the court held that, the silence of the person will not be
amounted as a contract as in order to be in a contract the person will have to give the consent in
either way possible(Kruglyak, 2020). When any person tries to get in the contract then it is
important then the other onbe should frame and make the contract implies and working in all
way possible. The acceptance by the person in any ways like by gestures, by speaking or by the
way in which there has been mentioned is important.
Communication about the acceptance, The acceptance by the person is much more
important as all the person will have to work in accordance with the legal intentions. The
communication of offer can be made in a way the offerer has suggested as in the acceptance will
only be treated as valid if they use that way of working. In case there has been given certain time
period then the person to whom the offer is being made will have to accept the work in that
particular time period. Communication about accepting the offer is very important.
In Carlill v. Carbolic Smoke Ball Co. Court held that if the person has started to perform
any act and that person accept the offer then there offerer can not revoke the offer as that will be
framed to be the acceptance of the party and that person will have to pay the amount on which
the work has been decided, in this case Mrs. carlill got that £100 from that company in order to
accept that offer and performing it.
Thus, the acceptance can only be framed if the parties has seen to be in a valid terms and
conditions and that issue which is being raised by them will consider all the area of reflection.
The acceptance by the company and there order that area being generated will be termed as an

performance of the contract. The person will have to accept the work in that particular time
period and by accepting all the rules and the work(Mankowski, 2017). if there has been made
that any person who has given a limited time period as a record then that person will have to
consider the acceptance in that particular time period. Acceptance made by the party covers the
essential element of the contract and that helps out to frame all the necessary requirements and
frames the contract.
CONCLUSION
From this above report it is concluded that, Contract law is the most important element
for all the person who are willing to bind themselves in any agreements. It usually consist of
various important elements which helps the p[arty to perform their functions and also make the
parties to generally work in a legal way. Offer is one of those elements as the proposal raised by
any person for the performance of work covers the essential element and the offer has various
methods and through which it can be revoked. The offer made to the party will be valid if being
accepted. As the acceptance can only be meant if that has been made by the person in express or
implied manner.

REFERENCES
Books and Journals
Barsan, I.M., 2017. Legal challenges of initial coin offerings (ICO). Revue Trimestrielle de Droit
Financier (RTDF), (3), pp.54-65.
Depincé, M., 2020. Freedom of Contract and New Economic Models. In Innovation and the
Transformation of Consumer Law (pp. 27-34). Springer, Singapore.
Ergin, Z., 2019. The Impacts of Perceived Manager Acceptance-Rejection and Control on
Employees’ Attitudinal and Psychosocial Outcomes of Organizational Commitment, Job
Strain and Self-Esteem (Doctoral dissertation, Marmara Universitesi (Turkey)).
Kruglyak, V., 2020. The Functionality of a Contract in The Music Industry: Exploring Options
for Entertainer’s Success. Available at SSRN 3616481.
Mankowski, P., 2017. Article 3 of The Hague Principles: the final breakthrough for the choice of
non-State law?. Uniform Law Review, 22(2), pp.369-394.
Swan, A., 2017. Contract Law and Contract Practice: Bridging the Gap between Legal
Reasoning and Commercial Expectation.