One of the features of valid acceptance is that the Acceptance must be absolute
ID: 1161889 • Letter: O
Question
One of the features of valid acceptance is that the Acceptance must be absolute in the sense that it should be completely accepted. In the case of the above, Pat Purchaser made a counter-offer to Sam Seller that made the automatic rejection of the prior offer that Same Seller offered which was that of $160,000. However, when the counter-offer got rejected by Sam Seller, it shall certainly not mean that the initial offer still holds good. It is to be also noted that when another counter offer was presented by Pat Purchaser which was again that of $160,000, Sam Seller has yet not accepted the same. So unless the acceptance is complete on the part of Sam Seller, the sale and purchase of the home at $160,000 cannot be said to have been actually contracted.
Explanation / Answer
Definition of Acceptance.
When the person to whom the proposal is made, signifies his ascent there to, the proposal (offer) is said to be accepted. A proposal (offer) when accepted becomes a Promise.
In the case as stated above, offer is still an offer. There is no indication of an acceptance on part of Sam ( Seller) that the previous offer will hold true incase the first was earlier rejected and second was offered. This highlights a very valid point of contract law. An acceptance must neccesarily be completely accepted. Any assumption, to be made that does not form part of the contract can thereofore be said to be void.
Therefore in the above case study the purchasers Pats case can easily be rejected because of the fact that there was no acceptance by Sam and Pat just made an assumption that the previous proposal holds true. Many factors such as time appreciation of land can be considered though they have no direct dealing with Law but could be a factor why Pat cannot seek legal redressal in this case.
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