business law conditional acceptance
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 also states how clear the laws are about acceptance and how the court decides the cases about conditional or qualified acceptance. Acceptance is an act performed by the offeree by the way of acceptance of the offer and which therefore creates a binding contract between the both parties.4 Besides that, there are other natures of acceptance which is counter-offer. Counter-offer is an offer that the offeree has countered the original offer by suggesting a new offer. According to the court counter-offer will automatically destroy the original offer.5Besides a counter offer an offeree can also request for more information. People tend to see this as a counter offer but the court has decided that this is a request for more information it’s a mere inquiry and not a counter offer.6The case of Stevenson Jacques & co v Mclean explains that Stevenson asked for the price but whether he can deliver the money over two months or if not the longest limit would be given, but there was no response form McLean and Stevenson cabled that he accept the offer, but McLean has sold it to someone and said that Stevenson counter offer the offer. The court has decided that Stevenson was requesting for information not counter offering the deal.7 To reach