Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. Agreement consists of an offer by an indication of one person (the "offeror") to another (the "offeree") of the offeror's willingness to enter into a contract on certain terms without further negotiations. A contract is said to come into existence when acceptance of an offer (agreement to the terms in it) has been communicated to the offeror by the offeree and there has been consideration bargained-for induced by promises or a promise and performance.
The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical approach to contract formation has been weakened by developments in the law of estoppel, misleading conduct, misrepresentation and unjust enrichment.
Famous quotes containing the words offer and, offer and/or acceptance:
“The wider the range of possibilities we offer children, the more intense will be their motivations and the richer their experiences. We must widen the range of topics and goals, the types of situations we offer and their degree of structure, the kinds and combinations of resources and materials, and the possible interactions with things, peers, and adults.”
—Loris Malaguzzi (1920–1994)
“I offer to love’s play
My dark declivities.”
—William Butler Yeats (1865–1939)
“Cynicism makes things worse than they are in that it makes permanent the current condition, leaving us with no hope of transcending it. Idealism refuses to confront reality as it is but overlays it with sentimentality. What cynicism and idealism share in common is an acceptance of reality as it is but with a bad conscience.”
—Richard Stivers, U.S. sociologist, educator. The Culture of Cynicism: American Morality in Decline, ch. 1, Blackwell (1994)