What Is Agreement And Acceptance
According to the Uniform Commercial Code (CDU) § 2-207 (1), a final declaration of acceptance or written confirmation of an informal agreement may constitute a valid acceptance, even if it contains conditions that supplement or deviate from the offer or informal agreement. Additional or deviating conditions will be treated as proposals to supplement the contract in accordance with UCC §§ 2-207 (2). Between traders, such conditions become the object of the contract, unless: o the courts can decide that there is no valid agreement and cease the performance of the contract, they hesitate to do so once the service has begun = British Steel Corporation v Cleveland Bridge and Engineering The offer and acceptance constitute the contract and the intention to create legal relations, and define whether it is a binding contract in court. If any of these items are missing, it cannot be a valid contract. o This is the mirror image rule: an acceptance must reflect the terms of the offer. The problem is that sometimes the bidder does not accept, but makes a counter-offer. This is also called the traditional approach to acceptance, the essential prerequisite is that the parties each behave from a subjective point of view that shows their approval. According to this contractual theory of the meeting, a party could only oppose a claim for infringement by proving that it was not intended to be bound by the agreement if it subjectively appeared that it intended to do so. This is unsatisfactory because one party has no way of knowing the undisclosed intentions of another party. One party may act only on the basis of what the other party objectively reveals as its intention (Lucy V Zehmer, 196 Va 493 84 p.E. 2d 516). Therefore, an effective meeting of chiefs is not required. In fact, it has been argued that the idea of the “meeting of spirits” is a completely modern error: 19th-century judges spoke of “consensus ad idem,” which modern teachers have mistakenly translated as “meeting the mind” but actually mean “approval of the [same] thing.”  “They had agreed that they would not interfere in the affairs of the other” “The results of my experiment were consistent with Michelson`s and the law of general relativity.” Acceptance is the final agreement of both parties to accept the terms of the Offer.
Although it is common for the terms of the offer to be negotiated prior to acceptance, while it can be demonstrated that the parties did indeed intend to agree on the final terms of the contract through conduct and communication, formal acceptance of an offer is not required for it to be legally binding. .