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Feb 6, 2012 · Parties are free to contract whenever and for whatever reason they wish. The only limits to absolute contractual freedom are certain restrictions imposed by legislation and by accepted ethics. Contracts contrary to a statutory law such as the Canadian Criminal Code are null and void.
Mar 1, 2024 · Acceptance of the contract. Once the offer is presented, the offeree can decide whether to accept or reject the proposal. The offeree can communicate acceptance either verbally or in writing (including mail or email)*. Acceptance can take many forms, including: Conditional Acceptance; Acceptance by Action; Option Agreement
Sep 19, 2022 · The elements of acceptance in contract law are those elements that make up the valid acceptance of a contract's terms. In this context, acceptance means an absolute and unconditional agreement to all terms.
To be valid and enforceable, contracts generally require seven main elements: Offer – One party must make a clear and unequivocal offer to enter into a contract. Acceptance – The other party must accept the offer, either by agreeing to its terms or by performing the actions required in the contract.
- Offer. Without an offer, there’s nothing to accept and there can be no contract, let alone a legally binding one. An offer communicates the offeror's terms to the offeree.
- Acceptance. Acceptance is when the offeree accepts the specific terms and conditions proposed by the offeror. Two conditions must exist for acceptance to be valid.
- Awareness. The awareness element is sometimes called “a meeting of the minds.” This is a requirement for both parties to actively participate in the contracting process.
- Consideration. Consideration is what each party promises to do in order to execute the contract. This can be thought of as the output of the contract: the goods, services, or other thing of value that each party is willing to offer to form an agreement.
Principle 1: Acceptance must be unequivocal. This essentially means that there must be nothing left to be negotiated by the parties. This is a simple principle, which in fact ties in with Principle 2 below. Principle 2: Acceptance must mirror the offer.
A contract does not exist until there has been a definite offer and an unqualified and unconditional acceptance of the offer communicated to the offerer. There is also a general rule, however, that a court should interpret a contract, if possible, so as to make it work.
