Offer and Acceptance: Legal Definition, Revocation, Rejection and Invitation to Treat under Contract Law

What is an offer and acceptance.

In legal terms, an offer is a clear, definitive, and communicated proposition by one party (the offeror) to enter into a contract on specified terms to be bound once accepted. An acceptance is an unequivocal indication by the party to whom the offer is made (the offeree) that they agree to the exact terms of the offer, thereby creating a binding contractual relationship.

Offer and Acceptance Legal Definition

Offer and Acceptance : Contract law forms the foundation of our daily transactions, ensuring the legal enforcement of promises or agreements between parties . Two of the most fundamental concepts in contract law are offer and acceptance.

At first glance, offer and acceptance may appear self-explanatory, but they have unique legal connotations that dictate how contractual relationships are formed.

What is an Offer?

An offer is a clear, unequivocal indication by one person (the offeror) to another (the offeree) of their willingness to enter into a contract on certain specified terms without further negotiations – see Ramsgate Victoria Hotel Co Ltd v Montefiore (1866) .

The offer demonstrates a present intention to be bound by a contract if the terms are agreed upon.

Key Characteristics of an Offer

  • Specificity: An offer must have definite terms. A general statement of intention or a mere price quotation doesn’t constitute an offer.
  • Communicated: The offer must be communicated to the offeree. A person cannot accept an offer about which they are unaware.
  • Revocation: An offer can be withdrawn or revoked by the offeror at any time before it is accepted unless it is an irrevocable offer.

What is Acceptance?

Acceptance is a final and unqualified expression of agreement to the terms of an offer. It demonstrates a clear intention to be bound by the terms of the offer – see Adams v Lindsell (1818) .

Key Characteristics of Acceptance

  • Mirror Image Rule: The acceptance must match the terms of the offer exactly. Any variation from the terms constitutes a counteroffer and not an acceptance.
  • Communication: Acceptance must be communicated to the offeror unless the offeror has indicated that no communication is required or the contract is of a type where acceptance is typically inferred from conduct.
  • Mode of Acceptance: Acceptance can be communicated through various means, including orally, in writing, or by conduct, depending on the circumstances.

Distinguishing Offers from Invitations to Treat

Not every expression of willingness to contract is an offer. Sometimes, it’s merely an ‘invitation to treat. Inviting to treat is a preliminary stage in the negotiation process, inviting others to make an offer.

  • Goods on Display: Items displayed in a shop window or on shelves are generally considered invitations to treat. When customers bring an item to the counter, they make an offer to buy, which the retailer can accept or reject.
  • Auctions: When an auctioneer invites bids, it’s typically considered an invitation to treat. The bid is the offer, and the auctioneer accepts when they bring down the gavel.

Revocation, Rejection, and Lapse

  • Revocation: As mentioned earlier, an offer can be revoked anytime before acceptance. For revocation to be effective, it must be communicated to the offeree before they accept.
  • Rejection: If the offeree rejects the offer, it cannot be accepted later.
  • Lapse: An offer can lapse after a specified time or a reasonable time, rendering it void.

Offer and Acceptance in Electronic Contracts

The digital age has introduced complexities to the concepts of offer vs acceptance. The ‘mailbox rule’ (which states that acceptance is effective upon dispatch) can be problematic with electronic contracts. When is an email deemed to be received? What if there’s a server delay?

Furthermore, online platforms often use ‘click-wrap’ agreements, where users click an “I accept” button.

The terms are typically predefined here, and the user’s click signifies acceptance. This adds another modern dimension to the principles of offer and acceptance.

Offer vs Acceptance: Difference between Offer and Acceptance

How long does an offer remain valid if no expiration date is specified.

When an offer is made without a specified expiration date, it doesn’t remain open indefinitely. Instead, the offer remains valid for a “reasonable” period. What’s considered “reasonable” is determined by the nature of the contract , industry practice, prior dealings between parties, and other surrounding circumstances.

For instance, a perishable good’s offer might be deemed reasonable for a much shorter duration than a real estate offer.

If either party believes the other is delaying unreasonably, it’s advisable to communicate intentions. The offeror can revoke the offer, or the offeree can seek clarity or accept before the offer is withdrawn.

Can silence be considered acceptance?

The basic principle is that acceptance must involve a clear act or statement of agreement from the offeree – see Hyde v Wrench (1840) . However, there are exceptions.

If the parties have a history of dealings where silence was understood as acceptance, or if the offeree starts performing the terms of the offer without expressly communicating acceptance, silence might be deemed an acceptance.

Additionally, if the offeror specifies that silence will be taken as acceptance and the offeree intends to accept by remaining silent, it could be valid. Nevertheless, such situations are exceptions, not the norm.

How are offers and acceptances treated in auctions, especially in the case of reserve prices?

Typically, displaying goods for auction is not an offer but an “invitation to treat”. Each bid made by a participant is considered an offer. The auctioneer’s hammer fall signifies the acceptance of the highest bid, resulting in a binding contract.

A reserve price adds complexity. It is a confidential minimum price set by the seller. If bidding does not reach this price, the auctioneer is not obliged to sell the item.

If bids surpass the reserve price and the auctioneer doesn’t accept the highest bid, the auctioneer could face legal consequences.

However, if no bids meet the reserve, the auctioneer can decline all offers without legal repercussions.

Additionally, in “without reserve” auctions, the item must be sold to the highest bidder, regardless of the bid amount, reinforcing the importance of the distinction.

Conclusion: Offer and Acceptance

Offer and acceptance are foundational to contract law, marking the initial stages of a contract’s formation.

While the principles might seem straightforward, their application can be intricate, especially in modern contexts like e-commerce.

  • Bayern, S.J., 2015. Offer and acceptance in modern contract law : A needless concept.  California Law Review , pp.67-101.
  • Craswell, R., 1995. Offer, acceptance, and efficient reliance .  Stan. L. Rev. ,  48 , p.481.
  • Eisenberg, M.A., 1994. Expression rules in contract law and problems of offer and acceptance .  Cal L. Rev. ,  82 , p.1127.
  • Contract: Legal Definition, Foundations, Legal Capacity, Breach and Remedies
  • Contract of Adhesion
  • Executive Compensation Claims
  • Express vs Implied Terms
  • Invitation to Treat
  • Secured Creditor vs Unsecured Creditor Meaning and Comparison
  • What is Specific Performance?

Related Articles

Contract of service vs contract for service: legal definition, status, benefits and termination.

A Contract of Service is an agreement between an employer and an employee that dictates the terms of employment, while a Contract for Service is…

Substantive Law vs Procedural Law: Definition, Legal Sources and Methods

What is Substantive Law and Procedural Law? Substantive law defines the rights and obligations of individuals and organisations, while procedural law outlines the process for…

Express vs Implied Terms: Legal Contract Terms

Difference between Express and Implied Terms Express vs Implied Terms: Express terms are explicitly stated and agreed upon by the parties in a contract, while…

Common Law vs Civil Law: Definition, Legal Systems and Procedures and Judicial Precedent

What is Common Law and Civil Law? Common Law is a legal system where court judgments and case precedents play a crucial role in legal…

CIF vs FOB Contracts: Legal Definition, Transfer of Responsibility, Risks and Marine Insurance

What are CIF and FOB Contracts? CIF (Cost, Insurance, and Freight) contracts require the seller to arrange and pay for the transportation and insurance of…

Legal Analytics: Meaning, Litigation Strategy, Practice Management and Future of Legal Analytics

What is Legal Analytics? Legal analytics is the interdisciplinary application of data science, machine learning algorithms, and statistical methods to vast repositories of legal data,…

Public Law vs Private Law: Legal Definition, Scope, Objectives and Enforcement

What is the Difference between Public Law vs Private Law? Public law governs the relationship between individuals and the state and the relationships among state…

guest

Juristopedia is a Law Encyclopedia and Legal Educational Guide in Concise English.

Registered Address : 71-75 Shelton St, London WC2H 9JQ, United Kingdom

WEBSITE Information

  • Privacy and Cookie Policy
  • Terms and Conditions

WEBSITE CONTENT

  • Legal Dictionary

Join Thousands of Subscribers Who Read Our Legal Opinions And Case Analysis.

How to Get a First in Law

Offer and Acceptance Problem Question Structure

Posted by Catherine Robinson on August 4, 2021

Offer and acceptance problem questions can be tricky to structure as there will often be multiple parties and multiple things going on at once. For this reason, it is advisable to separate out the parties and discuss them individually. For example, if you have one party who has made an offer and multiple other parties who have responded to the offer, your answer should discuss whether there has been a valid offer and acceptance between the original offeror and each offeree. This may not seem to make much sense as it would usually be impossible for the offeror to contract with all the parties as there will only be one product or service available. Despite that, you must discuss whether offer and acceptance is present for each and every individual in the problem question scenario.

In practice, the offeror would only be able to successfully perform the contract with one party. This means they would be in breach of contract with all the other parties. But that doesn't matter for your purposes - your task is to determine whether offer and acceptance can be established for each party. 

The steps you must follow when writing a first class offer and acceptance problem question essay are set out below.

how to get a first in law

Step 1 : Offer or invitation to treat?

The courts have an objective approach: would the reasonable man believe that the offeror intended to be bound by his words? If so, an offer has been made. If not, it is a mere invitation to treat: a statement inviting offers which can then be accepted or rejected.

Gibson v Manchester City Council – stating that the party ‘may be prepared to sell’ was insufficiently certain to be an offer.

C.f. Storer v Manchester City Council – all the terms of the contract of sale had been agreed.

Unilateral offer

Party A promises to do something for party B on the condition that party B does something first. Party B is not obliged to do the act, but if they do, A must fulfil their promise.

Carlill v Carbolic Smoke Ball – £1000 deposited in bank showing the sincerity of the unilateral offer.

Can be revoked up until the point of performance, per Errington v Errington and Woods .

Communication of revocation: Shuey v US – by same or more efficient means.

No need to communicate acceptance, per Carlill .

Advertisements

These are invitations to treat, not offers, per Partridge v Crittenden .

Exception 1: when a reward is offered for the performance of a specific act, per Carlill .

Exception 2: the wording of the advert suggests the party wishes to be bound, e.g. ‘first come, first served’ – Lefkowitz v Great Minneapolis Surplus Store .

Shop displays

Shop displays are invitations to treat, per Pharmaceutical Society of Great Britain v Boots Cash Chemists .

Shop windows

Shop window displays are invitations to treat, per Fisher v Bell .

Generally invitations to treat, not offers, per Spencer v Harding .

Exception: will be an offer if the party expressly undertakes to accept highest or lowest bid, per Harvela Investments Ltd v Royal Trust Co of Canada – also, referential bids are invalid.

Bingham LJ in Blackpool and Fylde Aero Club v Blackpool BC – bids that conform to the requirements of the tender must be ‘opened and considered’.

Statements of price

Mere statements of price that infer no intention to be bound by an acceptance will not be an offer, per Harvey v Facey – telegram stating ‘Lowest price for Bumper Hall Pen £900’ was not an offer.

Usually a request for bids is an invitation to treat, each bid constitutes an offer, and acceptance occurs when the hammer falls, per British Car Auctions v Wright ; s 57(2) of the Sale of Goods Act 1979.

Advertisement isn’t promise that auction will go ahead, per Harris v Nickerson .

An auction without reserve is a promise to sell to the highest bidder, per Barry v Davies .

Step 2 : Communication of offers

According to Taylor v Laird , an offer must have been communicated to the offeree in order to have a valid agreement. Can be done in one of three ways: (1) orally, (2) in writing, (3) by conduct.

Step 3 : Revocation of offers

Offers can be revoked up until the point of acceptance, per Routledge v Grant .

Revocation may take place by:

  • lapse of time: Ramsgate Victoria Hotel v Montefiore ;
  • failure of a condition subject to which the offer was made: Financings Ltd v Stimson ;
  • lock out agreement: Pitt v PHH Asset Management ;
  • death of offeror – can still be accepted unless the offeree knows about the death: Bradberry v Morgan . Death of offeree – personal representatives cannot accept: Reynolds v Atherton ; or
  • counter offer: Hyde v Wrench , however mere requests for information are not counter offers, so the original offer will stand: Stevenson v McLean .

Step 4 : Acceptance

Acceptance must be mirror image of offer: Hyde v Wrench .

Two cross-offers do not constitute acceptance: Tinn v Hoffman .

Step 5 : Communication of acceptance

  • Offeree must have objectively accepted the offer: Hartog v Shields .
  • Silence cannot constitute acceptance: Felthouse v Bindley , but obiter in Re Selectmove indicates that offeree could say his silence is acceptance and that would be binding.
  • Instantaneous communication sent out of office hours will be valid acceptance at the time sent if sent within office hours, or will be valid when office opens again if sent outside of office hours: Brinkibon v Stahag Stahl (telex case), obiter indications in Thomas v BPE Solicitors suggest that this would apply to email.
  • Unilateral offers do not require acceptance to be communicated: Carlill v Carbolic Smoke Ball .
  • Acceptance by post will occur at the time the letter is posted: Adams v Lindsell . Postal rule does not apply to offers: Henthorn v Fraser . Does not matter if letter never gets to offeror, still valid acceptance at the time the letter was posted: Holwell Securities v Hughes . If wrongly addressed, then acceptance is only valid when the letter arrives: Getreide v Contimar . Postal rule will not apply if offeror requires actual receipt of the acceptance: Holwell Securities v Hughes .
  • If the offeror specifies the method of acceptance they want the offeree to use, then the offeree can only accept using that method OR an equally expeditious method: Manchester Diocesan Council for Education v Commercial & General Investments , however the offeree must only use the method specified (and no other) if the offeror states that method will be the only method accepted.
  • If the offeror and offeree have conflicting standard form contracts, then usually each communication is considered a counter offer and the contract is only formed when the ‘last of the forms is sent and received without objection being taken to it’, per Lord Denning in Butler Machine Tool v Ex-Cell-O .

Hopefully this article cleared up any confusion you might have on writing essays for offer and acceptance problem questions. Please feel free to leave a comment if there's anything you'd like clarifying!

Disclaimer:

The information provided in this blog post is based on the research I carried out for my law degree which I completed in 2020. I accept no responsibility for errors or omissions. Legal principles and interpretations may change over time, and the content presented here may not reflect the most current developments in UK contract law. This information is intended for general informational purposes only and should not be considered as legal advice or relied upon as a substitute for professional legal counsel. For the most up-to-date and accurate legal information or advice, it is advisable to consult with a qualified legal professional who is knowledgeable about the latest legal developments and can provide guidance specific to your situation.

how to get a first in law

If you found this article useful, you may also like:

How to Read Cases | Law Study Skills

What are Nominal Damages?

How to Study Law | Free Law Revision Timetable

Misrepresentation Problem Question Structure

Free Movement of Goods Problem Question Structure

Discretionary Trust or Power of Appointment?

Everything You Need to Know About the LNAT

A Level Business Tutor | A* Exam Technique Help – Catherine Robinson Tuition

Sample LNAT Essay: Why is Theft Wrong?

Sample LNAT Essay: Should Prisoners Have The Right To Vote?

Sample LNAT Essay: "A good sex education is vital in schools and shouldn't be subject to religious or cultural taboos." Discuss.

Sample LNAT Essay: How Should Judges Be Appointed?

Sample LNAT Essay: ‘It is right that students should contribute to the cost of their degrees.'  Do you agree?

Sample LNAT Essay: What disciplinary sanctions should teachers be allowed to use?

Sample LNAT Essay: Should private cars be rationed? If so, how?

Sample LNAT Essay: ‘We must be prepared to sacrifice traditional liberties to defeat terrorism.' Discuss

Sample LNAT Essay: Should the law require people to vote in general elections?

Share this post

50 comments.

← Older Post Newer Post →

buy generic viagra online [url=https://gwertvb.mystrikingly.com/#]drugstore online [/url] canadian pharmaceuticals online canadian drugs online pharmacy pharmacy online no prescription https://pharmacy-online.yolasite.com/

viagra generic canadian pharmacy [url=https://chubo3.wixsite.com/canadian-pharmacy/post/what-parents-must-find-out-about-kids-and-covid-19#]pills viagra pharmacy 100mg [/url] pharmacy online prescription canadian pharmacy 24 hour pharmacy https://pharmacy-online.yolasite.com/

canada pharmaceuticals online [url=https://graph.org/The-Way-To-Get-Health-Care-At-Home-During-COVID-19—-Health—Fitness-04-07#]pharmacy drugstore online [/url] canadia online pharmacy canadian pharmaceuticals online prescription drugs from canada https://telegra.ph/Is-It-Safe-To-Lift-COVID-19-Travel-Bans-04-06

online pharmacy busted [url=https://graph.org/The-Way-To-Get-Health-Care-At-Home-During-COVID-19—-Health—Fitness-04-07#]pills viagra pharmacy 100mg [/url] canadian pharmaceuticals online medicine order discount canadian drugs pharmacy https://graph.org/The-Way-To-Get-Health-Care-At-Home-During-COVID-19—-Health—Fitness-04-07

canadian pharmacy generic viagra [url=https://telegra.ph/Is-It-Safe-To-Lift-COVID-19-Travel-Bans-04-06#]panacea pharmacy [/url] pills viagra pharmacy 100mg canadian online pharmacies canadian pharmacy drugs online https://gwertvb.mystrikingly.com/

Leave a comment

Please note, comments must be approved before they are published.

  • choosing a selection results in a full page refresh

The Approach of Offer and Acceptance Essay

The approach of offer and acceptance in business law is focused on the determination of agreement existence between two parties; it is a kind of contract between the ‘offeror’ and ‘offeree’ built on the principles of particular terms without the necessity to further negotiations. It is necessary to underline the fact that the central formula of this approach determines the moment of parties’ agreement.

The case study under analysis discloses the conflict between eccentric millionaire Lamar Smunt, being enraged at his mother’s insult, and the portrait artist Casmir Roginsky, who was offered to do a portrait paid $500 000, but refused by mistake; the thing is that the offer was made by the client, and refused in the rude form, three hours later the artist accepted it providing certain excuses for his remarks, though Smunt perceived it as mother’s insult and expressed no desire to have any future business cooperation. The paper will concentrated on the analysis of Roginsky’s contract against Smunt on the basis of offer and acceptance approach.

The contract validity is identified through the made offer by one party and its acceptance by the other. The terms of the contract are dictated by the offeror; the acceptance of the offer means the acceptance of its terms. It should be stressed that sometimes the offer indicated the limitations in time of its acceptance; in case this point is not provided, the courts identify the period of its expire. Acceptance of the offer can be made both orally, and in the written form; besides, it is important to provide invitation to offer by the ‘offeror’.

In order to analyze the artist’s chances to success, it is necessary to identify the cases determining the validity of the contract. They are the following:

  • Legal relationships: terms and obligations provided in the contract;
  • Clear and definite: the conditions are clearly expressed and the invitation is provided; the acceptance of the offer determines its validity;
  • The communication between the offeror and the offeree should take place;
  • The absence of negative conditions;
  • Offer revocation.

It is necessary to underline the fact that in case the offer is accepted, all its terms are taken into account automatically and legal terms are established. The offeree has no right to accept the contract and in a certain period of time refuse some of its terms. The offer can be revoked by the party on the basis of any revocation method taking into account the purpose of revocation. (Peralta, 2008)

Offer and acceptance approach is built in accordance with the principle of mail box rule; this provision is considered to be the acknowledgement of the document or contract delivery on the specified date if it is required. The case study under analysis should be viewed in accordance with the terms and conditions provided within the offer contract; in case the validity of the contract is not limited by certain time period, its acceptance after 3 hours can be considered as valid. The communication between the partners was held over the telephone and the acceptance by Roginsky was presented in the oral form, as it is allowed in accordance with the rules of offer and acceptance approach. (Cheeseman, 2006)

It is necessary to underline the fact that acceptance of the offer is considered to be a serious agreement, providing certain obligations to the other party according to the contract terms. The success of the offeree is dependant on the time limitations inserted by the offeror; nevertheless, any of the parties has the right to refuse further cooperation on the basis of serious grounds providing. In case the contract is discharged by breach, the law is to provide ‘remedy’ for the party injured.

Case Study 2

According the business law, a Statute of Frauds is considered to be the determination of the contracts’ form, stating the necessity for them to be presented in the writing form or signed by the parties. In order to satisfy the statute requirements, it is necessary to determine the contradicting parties through the writing, reciting the contract matter and providing clear terms and conditions of the agreement. There are some circumstances requiring contract writing in accordance with the statute:

  • The period of contract performance is more than one year;
  • Marriage consideration contracts;
  • The concept of surety is presented;
  • Goods sale above particular value, etc. (Cheeseman, 2006)

The case study under consideration is concentrated on the validity of oral employment contract; the parties, employer Tony, and employee Wombat, who was promised a position of a district manager for a period of three years. Oral agreement between the parties resulted in Wombat’s removal to another state taking his family and selling the house; unexpectedly, Tony’s Company could not provide the promised position to Wombat and he suffered financial losses and moral breakage connected with the removal. (Larson, 2003)

According to the Statute of Frauds, terms and conditions of employment contract are to be presented in the written form; the oral promise of employer not to fire the worker, but for the retirement age, or hire someone, cannot be considered as enforceable, as it is not written, nevertheless, it can be considered equitable. Wombat suffered losses through the oral employment agreement; nevertheless, according to business law, Tony is not obliged to compensate for this, as there is no any written documentation disclosing the conditions of future employment with the identification of the promised time period. (Statute of Frauds. 2006)

Taking into account business law regulations and theoretical approaches reflecting legal terms of contract and agreement acceptance, it is necessary to stress that any provisions and conditions, as well as employment promises are to be supported in the writing form. Oral agreement between two parties as to future cooperation and productive work for the period of three years is the issue of business ethics. From the ethical point of view, Tony’s company is to compensate for removal losses suffered by Wombat. It is necessary to underline the idea that compensation can be presented both, in the form of financial support, or a kind of job, even if taking lower position.

It is necessary to stress that there is always a danger of oral employment agreement consequences; any court would reject oral modification, as in accordance with the law, terms and conditions are to be formally supportive. The process of employment is considered to be a sophisticated contract covering a number of points to be agreed on by the employee and employer, such as medical insurance, salary, etc. All these regulations cannot be presented only in the oral form in the form of promise, because there can be some unexpected circumstanced providing obstacles for contract fulfillment. (Larson, 2003) Nevertheless, considering the norms of morality and business ethics, people are always responsible for their promises; especially they impact the life of other people.

Cheeseman, H. Business law: legal environment, online commerce, business ethics, and international issues. 6 th Edition. Pearson Prentice Hall, 2006.

Larson, A. The Statute of Frauds and the Contract Law. Law Offices of Aaron Larson. 2003.

Peralta, V. Contract and Agency Law. Business Law in Practice. Campbell’s College. 2008.

Statute of Frauds. Law Law Stud. 2006. Web.

  • Researching the Law of Contract
  • Probation and Parole Overview
  • Fundamentals of Law: The Various Contractual Issues
  • Personal Responsibility and Work Opportunity Reconciliation Act of 1996
  • Supportive Legislation of New Zealand
  • The Right to Work: Importance for Every Person
  • The Implications of the Fair Work Act 2009
  • The Fair Labor Standards Act (FLSA)
  • Chicago (A-D)
  • Chicago (N-B)

IvyPanda. (2022, March 2). The Approach of Offer and Acceptance. https://ivypanda.com/essays/the-approach-of-offer-and-acceptance/

"The Approach of Offer and Acceptance." IvyPanda , 2 Mar. 2022, ivypanda.com/essays/the-approach-of-offer-and-acceptance/.

IvyPanda . (2022) 'The Approach of Offer and Acceptance'. 2 March.

IvyPanda . 2022. "The Approach of Offer and Acceptance." March 2, 2022. https://ivypanda.com/essays/the-approach-of-offer-and-acceptance/.

1. IvyPanda . "The Approach of Offer and Acceptance." March 2, 2022. https://ivypanda.com/essays/the-approach-of-offer-and-acceptance/.

Bibliography

IvyPanda . "The Approach of Offer and Acceptance." March 2, 2022. https://ivypanda.com/essays/the-approach-of-offer-and-acceptance/.

Finance Tutor, Statistics Tutor, Accounting Tutor, Economics Tutor, Maths Tutor

  • Our Services

Offer & Acceptance – Business Law Sample Questions and Answers

  QUESTION

Alan seeks your advice as to whether he has a contract with Bill for the sale of the home unit.

Introduction For a contract to arise in the circumstances of the question, one of the parties has to make and offer which is duly accepted by the other. If there is an offer followed by an acceptance there will be a contract between the parties.

Issue The issue raised by the question is whether Bill’s letter constitutes an offer. If it does, Alan’s reply is an acceptance of the offer, with the consequence that a contract exists between the parties. However, if Bill’s letter is only an invitation to treat, no contract exists between the parties because Alan’s reply will not be the acceptance of an offer. In fact, Alan’s reply would constitute the making of an offer to purchase the unit from Bill, and it is clear that Bill rejected that offer, given that he told Alan that he had decided not to sell the unit.

The Law An offer has been defined as follows: An offer is a statement of the terms upon which the offeror is prepared to be bound if acceptance is communicated while the offer remains alive.[1] The American  Restatement (2d) Contracts  defines an offer as follows: An offer is the manifestation of willingness to enter into a bargain, so as to justify another person in understanding that his assent to that bargain is invited and will conclude it.

The critical aspect of the definition of an offer is the will or intent of the offeror to be bound in contract by the terms of the offer. A statement that lacks such will or intent is not an offer. Such a statement will often be what is termed an invitation to treat. An invitation to treat has been defined as ‘a request to others to make offers or to engage in negotiations with a sale in mind’.[2] On other occasions the statement may simply be the supply of information, as was the case in  Harvey v Facey .[3]

Application of the Law to the Facts of the Problem The significant fact in the problem is the statement in Bill’s letter that he is ‘interested in selling’ his unit. This raises the question of whether the letter displays the will or intent to bound in contract by the terms otherwise stated in his letter.

In  Gibson v Manchester City Council ,[4] the House of Lords was faced with a case whose facts were essentially identical to those in this problem. In that case the wording of the owner’s letter to the prospective buyer stated that the owner ‘may be prepared’ to sell the property to the prospective purchaser. The House of Lords ruled that the letter was not an offer, but rather, an invitation to treat. Lord Diplock observed that the relevant words in the owner’s letter were crucial in coming to the conclusion that the letter was ‘but a step in the negotiations for a contract which … never reached fruition’.[5]

Although the wording in Bill’s letter is different to that in  Gibson’s case , it is suggested that the result is the same in both cases. In saying that he was ‘interested in selling’ his unit, Bill did not display a will or intention to be bound in contract. Bill’s letter is not a firm indication that he would sell the unit to Alan. It effectively means that he is contemplating whether or not to sell, and as such is merely an invitation to treat. It is only following receipt of Alan’s reply, which is in fact an offer by Alan to purchase Bill’s unit, that Bill unequivocally decides whether or not he wants to sell his unit. His telephone call to Alan is a clear statement of his decision not to sell, and thus amount to a rejection of the offer.

Conclusion On the basis of the meaning of the words in Bill’s letter, as informed by the guiding authority of  Gibson’s case , Bill’s letter is not an offer. This means that Alan’s reply is an offer. This offer has been rejected. The advice to Alan is that there is no contract between himself and Bill

[1]  Nielsen v Dysart Timbers Limited  [2009] NZSC 43 at [25]. [2] J W Carter, E Peden & G J Tolhurst,  Contract Law in Australia , 5th Ed, LexisNexis Butterworths, Sydney, 2007, p 42. [3] [1893] AC 552. [4] [1979] 1 All ER 972. [5]  Gibson v Manchester City Council  [1979] 1 All ER 972, at 974.

SMS   9758-7925   for Business Law Tuition in Singapore

  • Business Law
  • Business Statistics
  • Psychology Statistics

[email protected]

+65 97587925

© 2024 Finance Tutor, Statistics Tutor, Accounting Tutor, Economics Tutor, Maths Tutor.

  • Resume Writing
  • Resume Examples
  • Cover Letter
  • Remote Work
  • Famous Resumes
  • Try Kickresume

How to Accept a Job Offer Like a Pro (+10 Samples & Examples)

  • Noel Rojo , 
  • Updated October 24, 2023 8 min read

The interview process is over and now you have to figure out how to respond to a job offer. This can be difficult, especially when deciding on how to accept one job offer and decline another.

The truth is that even without multiple job offers, this stage of the job hunting process can be headache inducing for a lot of us. 

On one hand, you want to give yourself a pat in the back for a job well done. While on the other hand, you still want to take your time to reassess your options. 

Regardless of what position you find yourself in, we’ve prepared a quick guide with some tips and tricks, along with a few job acceptance email examples that will help you accept a job offer like a pro.

Table of Contents

Click on a section to skip

Job offer process

How to respond to a job offer, how to accept a job offer like a pro, job offer acceptance letter (+5 samples), how to accept a job offer via email, how to decline a job offer.

After the job interview, you should receive an official offer from your potential employer. 

This offer can come in various forms, such a phone call, email or even a letter. If it comes in as a call, thank the recruiter and ask if they can send you a written document as well, so that you can review it properly. 

Remember, it’s only official if it’s written down. 

The official document should contain what’s expected of you in your new role, what your salary will be, as well as your starting date and benefits. 

Also, during this stage you can still negotiate your salary and benefits with your employer. However, try not to play hard-ball unless you’re willing to walk away from the offer. 

Basically, don’t negotiate simply for the sake of negotiating, especially if they made an offer you know is good.

Broaden your options.

Analyze your resume, improve your resume score and land more job offers.

Now, responding to a job offer is not synonymous with accepting a job offer.

You might have a few other job interviews pending and perhaps one of them with a company that’s more to your liking. 

Having said that, here's how to respond to a job opportunity email:

Greetings [Employer] ,

Thank you for the offer! I will take a look at the terms. Is there a date by when you need my response?

Sincerely, [Your name]

On the other hand, if you really need more time to consider the job offer due to other job offers, you might have to handle this part with some tact.

Something along these lines might work better for you: 

Great! I am really excited for your offer and the opportunity it comes with it.

By when do you need to have my answer to this offer? If there is not a particular deadline, I would like to set one for both our benefits. Would [date] work for you? So that I have ample time to consider this (and other*) offer(s).

Let me know if this deadline is problematic.

Thank you, [Your name]

Make sure to only set a date if you’re able to commit to it. 

Try not to stress too much about it, as nothing has been finalized yet.

Usually at this stage HR is still likely to take a few days to prepare the formal offer and will probably give you a few days to consider, as you still need to review the salary, benefits, etc. 

By this stage you should have already sent an early response to the job offer. Now it's time to finalize it with a formal acceptance. 

Here's 5 steps that can help you decide what to say when accepting a job offer:

1. Communicate expectations

As soon as you receive a job offer, it's advised to communicate your expectations. Let them know you've received the offer and by when they'll receive your response.

2. Re-examine the job offer

It's important that you review the job offer thoroughly, especially if you have to compare it to a competing job offer. It's a huge decision and going over it with someone you know and trust can be of great help.

3. Plan your response

Depending on how you received your job offer, your response will differ. If for example you got an official job offer on a physical letter then it's advised to submit your acceptance letter physically. Whether it's sent to you via email or on a physical letter, always send an email as-well, so that the employer gets your response sooner.

4. Draft your response

Once you've gone over the job offer a few times, it's time to start drafting your response. A good rule of thumb for those wondering how to begin a job offer response is to pay attention to the employer's communication and follow their cadence. More information on this topic on the chapter below, What is a job acceptance letter .

5. Proofread your response

Like everything else throughout your job hunting process, it's important to double check your response for mistakes. Treat it the same way you did when writing your resume and cover letter. If you can, have a friend or two proofread your response. Also, if you're going to accept the job offer via phone or video call, try to practice your response a few times, treat it similar to having a virtual job interview . 

What is an acceptance letter

An acceptance letter is a great way to display your professionalism from the start.

Usually a good acceptance letter expresses your enthusiasm for your new role and restates information such as your start date, salary and benefits, which can help in eliminating confusion. 

Normally, job offer acceptance letters and job offer acceptance emails are kept brief.

However, regardless of length there’s an acceptance letter format you can use that will help you accept a job offer like a pro.

Here’s what to include: 

  • Clear subject line
  • Correct recipient 
  • Expression of gratitude 
  • Terms and conditions (salary, job title and benefits)
  • Formal job acceptance 
  • Clarification of your start date
  • Your signature 

With this in mind, here are 5 job offer acceptance letter examples that will teach you how to write an acceptance letter like a professional: 

Formal acceptance letter sample 

Like a job offer, an acceptance is not official until it's written down and there is no better way to that than with a formal acceptance letter.

Here's a a formal acceptance letter sample that can help you jumpstart your career on the right track. 

[Your name] [Your address] [Today’s date]

[Hirer’s full name] [Hirer’s job title] [Company name] [Hirer’s address]

[Subject line: A quick summary of the letter] (optional)

Dear Mr Muller,

First of all, thank you for the opportunity. I am delighted to join [company name] and am writing this letter to formally accept your job offer for the position of [job title] and to confirm the beginning of my employment on [start date] .

Once again, thank you for this exciting job offer and for the trust you place in me. I will give it my all to contribute towards the growth of [company name] . Looking forward to our collaboration.

Thanking You

Yours truly, [Name and signature]

Acceptance letter with conditions sample

Sometimes, although you want to accept a job offer right away, you might still have a  few things pending that need to be sorted out. Such as, a wedding that was planed months in advance, a medical treatment you need to get done, or perhaps you need to set some conditions regarding your vacation time. 

In such a case, it's important to set these things straight from the begging and an acceptance letter with conditions is the way to go, such as the following example. 

Dear Mrs Rodriguez,

Thank you for offering me the position of [job title] for [company name] .

I am excited to have the opportunity to join your team, as I have been wanting to work for [company name] for some time.

Regarding my starting date, during our interview you stated that you would need me to start on the 14th of September if I got hired. However, the letter you sent me states that my starting date is on the 7th. Unfortunately, I have a few plans pending for this coming week and would appreciate it if I could start on the 14th.

Apart from this, I will be happy to accept all the other conditions on your letter.

Looking forward to your response and thank you for your understanding.

Thank you acceptance letter sample

Showing gratitude can take you a long way, as a thank you acceptance letter can help you set a foundation for a good relationship with your new employer.  A short and concise letter such as the thank you acceptance letter sample below can do you wonders. 

Dear Mrs Prado,

Thank you for hiring me for the [job title] position. I am flattered that you are placing your trust in me, and I am eager to become part of the team at [company name] .

Looking forward to meeting my future colleagues on October X and to begin my training.

In the letter you stated that I am to meet with John Doe from HR at 8:00 a.m. on October X as well. I have submitted the documents needed to him and will be meeting him first thing in the morning.

Please let me know if anything changes.

Once again, I am really grateful for your time and thank you for giving me this amazing opportunity.

Promotion acceptance letter sample

Sending a promotion acceptance letter sample to an employer can help reinforce to him or her that they have made the right choice in promoting you to your new role. Here's a short promotional acceptance letter example you can use to start your new position on the right foot. 

Dear Mr Smith,

Thank you so much for promoting me to the position of [job title] on [date of promotion] .

I am sending this letter to formally accept the position and to let you know that I am ready to assume my new role on [mentioned date] .

I believe that I have what it takes to meet your expectations and will be giving it my all to take the organization in a better direction.

Once again, thank you for your trust in me.

Sincerely, [Name and signature]

Internship acceptance letter sample

As an intern, you want to start building bridges from the get-go and an internship acceptance letter is a good way to start. You can use the following internship acceptance letter example to start laying down the foundation that will eventually land you your dream career. 

Dear Mrs White,

Thank you for the offer to become a [job title] intern this fall at [company name] . I was really excited when I received the offer and I am already counting the days when I can meet the [company name] team and learn from them.

Just to verify, the internship starts [start date] . If there is anything else I need to know or if anything chances, please let me know.

What is an acceptance email

Nowadays, most job offers will be sent to you as a job acceptance email. With job offers via a physical letter or a phone call becoming less frequent. 

Because of that, it’s important that you know how to write an acceptance email.

Remember, even if you get the rare physical job offer via a physical letter or via phone, you should always accompany it with a job acceptance email as-well — for sake of brevity. 

With that said, with the exception of having a few extra options, such as forwarding to multiple recipients at the same time, writing an acceptance email should follow the same rules as an acceptance letter. 

Here's an example of how a job acceptance email should look like: 

Job offer acceptance email sample

[Subject line: Regarding the job offer]

Dear [Name of employer] ,

I am very pleased to accept my new role as [job title] with [company name] . Thank you for the opportunity. I am sure I can make a positive contribution to the [company name] team.

Just to make sure, my starting salary will be [agreed salary] , my benefits will commence after [days agreed] of employment and I will have [days of vacation agreed] per year.

I am looking forward to being in the office on [date of employment] . Please let me know if there is any additional information I should know prior to then.

Once again, thank you.

How to accept a job offer over the phone

Some companies like to personally hand out job offers via phone, especially those that are sales related. 

If this is your case, learning what to say when offered a job over the phone is really important, this is because there’s less time to come up with a response then other methods such as an email or a physical letter. 

With that in mind, here’s how to prepare so that you know what to say when accepting a job over the phone: 

  • Prepare a written acceptance response . Since you’re going to have to do this anyways, doing it before a call can be a good way to practice your response. 
  • Be polite.  
  • Show enthusiasm : Not all jobs are created equal, but showing a bit of excitement can go along ways. 
  • Request a deadline for your response .You might want to have in mind when you can respond, as they are likely to ask you when they can expect your response. 
  • Conclude with a thank you.

Now, you don’t have to prepare a whole lecture. Something as simple as the following can work wonders: 

That sounds great, thank you so much for the job offer. It will be an honor to accept my new role as a [job title] . Let me know when I can receive the offer in writing.

The rest of the conversation should fall in line afterwards, especially if you practiced a time or two. Just stay calm, polite and professional and you should be able to ace your job acceptance response. 

There are multiple reasons to decline a job offer, the pay is not what you expected, the benefits are sub par, little vacation time, or better competing offers. 

Regardless of the reason, you should still decline a job offer with tact. It’s never good to burn bridges. 

Here’s a few simple steps you can take when declining a job offer. 

  • Be sure : The fact that the salary is not up to your standards doesn't mean it’s a done deal, you can still attempt to negotiate for a higher wage. 
  • State a reason : A brief explanation is standard, as you don’t want to appear rude. 
  • Be polite : Thank them for the opportunity and time. 
  • Don’t waste time : Don’t keep them waiting, it might be awkward but it's the right thing to do. 
  • Remain in contact: If you’re able to, ask if you can remain in contact with them. Networking with them can help at a future time. 

In the end, a simple job offer decline can look something along these lines: 

Thank you for offering me such a great opportunity to work as a [job title] at [company name] . Sadly, I will have to decline as I believe the position is not the right fit for my long-term career goals. I wish you and [company name] the very best and I thank you once again for your consideration and time.

For more information on how to decline a job offer .

FAQ: How to accept a job offer

Although you should always respond to an employer in a timely manner, as to it’s usually acceptable to take 1-2 business days to go over a job offer. However, there are times when an employer might ask to respond as soon as possible, in this case you can send an email asking politely if you can have more time to review the terms.

Whether you need time to go over the job offer or perhaps wait on another company to reply. There are a few ways to delay accepting a job offer, such as:

- Asking by when they need your response; - If verbal offer, ask for a written offer; - Tell them you’re still interested but want to consider; - Simply ask for additional time.

Also, when wondering how to ask for more time to think about a job offer it’s important to be polite and respond in a timely manner.

When negotiating a job offer, something as simple as, “ Well I was hoping for an offer of $X “, can get you great results. Just make sure that X is a bit above your ideal salary, but not too high that you’ll scare them away.

Letting a company know you’ve accepted another job can be difficult and should be done thoughtfully. Here are the steps to take when responding:

1. Be honest. 2. State the reason. 3. Be polite. 4. Show appreciation. 5. Say thank you.

A documentary photographer and writer. Noel has worked for International publications like Deutsche Welle in Germany to News Deeply in New York. He also co-founded the global multimedia project Women Who Stay and collaborated as a journalist fellow with the University of Southern California. He went from traveling around the world to sitting on a couch thanks to the pandemic, but he got a nice job working for Kickresume thanks to that, so he won't complain.

Related Posts

Recruiter reveals: this is why you can’t get a job (+what to do about it).

  • 17 min read

These 100+ Resources Will Tell You Everything You Need to Get Hired Fast

  • 28 min read

Share this article

Join our newsletter.

Every month, we’ll send you resume advice, job search tips, career hacks and more in pithy, bite-sized chunks. Sounds good?

IMAGES

  1. Acceptance Essay Examples

    sample essay on offer and acceptance

  2. Offer and Acceptance Key Learning

    sample essay on offer and acceptance

  3. Sample Letter of Acceptance

    sample essay on offer and acceptance

  4. Contract Essay Term 1

    sample essay on offer and acceptance

  5. Offer AND Acceptance

    sample essay on offer and acceptance

  6. Offer and acceptance essay prep

    sample essay on offer and acceptance

VIDEO

  1. Offer And Acceptance-2/ Commercial Law/ Lect.-4/ B.com, BBA, C.A Foundation

  2. Adjustments

  3. job acceptance letter| acceptance letter for office

  4. APPSC Group 1 Essay and Ethics Orientation Session

  5. Sample essay 23

  6. Business Laws, Unit

COMMENTS

  1. Offer and Acceptance Examples

    Offer and Acceptance Examples. "Offer" and "Acceptance" are the process by which a buyer and seller create a binding legal contract. This process typically begins when a prospective buyer makes an offer. Then, the seller either accepts it, rejects it, or rejects it and makes a counter offer. The buyer then has the same options (accept ...

  2. Offer and Acceptance: Legal Definition, Revocation, Rejection and

    What is an Offer and Acceptance? In legal terms, an offer is a clear, definitive, and communicated proposition by one party (the offeror) to enter into a contract on specified terms to be bound once accepted. An acceptance is an unequivocal indication by the party to whom the offer is made (the offeree) that they agree to the exact terms of the offer, thereby creating a binding contractual ...

  3. Offer and Acceptance Problem Question Structure

    Step 5: Communication of acceptance. Offeree must have objectively accepted the offer: Hartog v Shields. Silence cannot constitute acceptance: Felthouse v Bindley, but obiter in Re Selectmove indicates that offeree could say his silence is acceptance and that would be binding.

  4. Offer and Acceptance Essay Examples

    The formation of a contract requires that a clear and unequivocal offer is met by a clear and unequivocal acceptance. (Mckendrick, 2009) A contract therefore is then an agreement between two parties by which are both bound in law and can therefore be enforced in a court or other equivalent forum. For a contract to...

  5. The Approach of Offer and Acceptance

    The Approach of Offer and Acceptance Essay. The approach of offer and acceptance in business law is focused on the determination of agreement existence between two parties; it is a kind of contract between the 'offeror' and 'offeree' built on the principles of particular terms without the necessity to further negotiations.

  6. Offer and acceptance (Chapter 3)

    The process of offer and acceptance. (1) In many situations, especially when the parties are in correspondence, English law requires an agreement to result from acceptance of an offer; however, it is admitted that some situations produce a consensus without such a clear-cut form of dealing. (2) An offer can be made to an individual, a member of ...

  7. Offer and Acceptance Questions and Answers

    The answers provided are in a simple format to help students understand how to answer both essay questions and problem question using the principles of Contract Law namely Offer and Acceptance. These notes will show as student how law essays should be tackled and how advice should be given in a simple form. Question 1.

  8. Example Offer and Acceptance Essay

    An example essay with reference to the legal rules relating to offer and acceptance of a contract, advise the club whether it can claim the joining fee from Mary, Frank and Ali. ... Disclaimer: This is an example of a student written essay. Click here for sample essays written by our professional writers.

  9. Offer and Acceptance in Modern Contract Law: A Needless Concept

    The Strategic Structure of Offer and Acceptance: Game Theory and the Law of Contract Formation, 89 M. ICH. L. R. EV. 215 (1990). 7. Katz agrees with me about the relative paucity of analytical study of offer-and-acceptance rules, at least as of 1990 and with regard to economic commentary:

  10. Contract law sample essay

    A sample essay is on offer. under these circumstances, the issues of offer and acceptance must be assessed to advise the potential liabilities lady amity may be ... Consideration Essay on Chappel; Offer and acceptance answer - offer, acceptance, postal rule, communication of the offer, silence - study guide question; Misrepresentation problem ...

  11. Contracts IRAC example: Offer and Acceptance

    In todays video we are going to work through a tutorial problem question on offer and acceptance as part of Introduction to Contract Administration. This vid...

  12. Offer and acceptance Sample

    Free Essay on Offer and acceptance Sample at lawaspect.com. Free law essay examples to help law students. 100% Unique Essays

  13. Law of Offer and Acceptance

    Offer and Acceptance are the process by which a buyer and a seller create a legal contract. This process begins when a potential buyer makes an offer. Then, the seller can accept it, reject it, or reject it and makes a counter offer. Then the buyer has the same options. When one party accepts the other party's offer or counter offer, and ...

  14. Offer AND Acceptance

    OFFER AND ACCEPTANCE EXAM PAST PAPERS AND REVISION NOTES. A good answer to this question would... focus immediately upon unilateral contracts and include a relevant discussion of each factual scenario supported by authority. Good scripts discussed Gina's position well and exceptional ones recognised the issue raised in (e).

  15. Essay "Offer and Acceptance"

    In Hyde v Wrench. Another example of a counter offer is the case of Wheeler v Jeffrey. If the offeree intends to accept the offer as it stands and looks for some further information about the offer, he does not make a counter offer but a request for information which does not destroy the offer. A good example of this is found in Stevenson v Mclean.

  16. Offer & Acceptance

    For a contract to arise in the circumstances of the question, one of the parties has to make and offer which is duly accepted by the other. If there is an offer followed by an acceptance there will be a contract between the parties. Issue The issue raised by the question is whether Bill's letter constitutes an offer.

  17. Offer and Acceptance (500 Words)

    Offer and Acceptance. For a Simple contract to be valid one party must make an offer and the other accept it (see: Acceptance of offer). The offer will usually indicate the form the acceptance should take (e. g. , in writing, by post), and may indicate when the acceptance will be deemed to have occurred (e. g. , on delivery of the posted ...

  18. How to Accept a Job Offer Like a Pro (+10 Samples & Examples)

    Here's 5 steps that can help you decide what to say when accepting a job offer: 1. Communicate expectations. As soon as you receive a job offer, it's advised to communicate your expectations. Let them know you've received the offer and by when they'll receive your response. 2. Re-examine the job offer.