ESSENTIAL ELEMENTS OF A VALID ACCEPTANCE

1.             Acceptance must be absolute and unconditional. An acceptance must be unconditional and unqualified. Accepting an offer with conditions, variations and reservations amounts to counter offer and rejection of the original offer. The accepter must comply with the terms of the offer. A variations or alteration, however, small of the offer, will make the acceptance invalid.

2.             Acceptance must be communicated to the offeror. If the offeror remains silent and does nothing to show that he has accepted the offer, no contract is formed. The acceptor should do something to signify his intention to accept. Thus, where a person accepts an offer but fails to post the letter of acceptance, it is no acceptance.

3.             Acceptance must be within a reasonable time. Acceptance to be valid must be made within the time allowed by the offeror and if no time is specified, it must be made within a reasonable time.

4.             It must be according to the mode prescribed or usual or reasonable mode. Acceptance has to be made in the manner prescribed, the proper may within a reasonable time after the acceptance is communicated to him, insist that the acceptance must be made in the manner prescribed. Failure on the part of the offeror to do so, will imply that he has accepted the acceptance although it is not in the desired manner.

5.             The acceptor must be aware of the proposal at the time of the offer. Acceptance follows offer. It the acceptor is not aware of the existence of the offer and conveys his acceptance, no contract comes into being.

6.             Acceptance must be given before the offer lapses or before the offer is revoked. It means that acceptance must be made within the offer is in force i.e. before the offer has been revoked or offer has lapsed.

      7.      Acceptance cannot be implied from silence. No contract is formed if the offeree remains silent and does nothing to show that he has accepted the offer