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Theory of contract law

Offer and acceptance

Andrew Mitchell assesses the offer and acceptance elements of the formation process, and the rules that the law provides on the communication of an acceptance of an offer. He also looks at the merits of the postal rule of acceptance and the current thinking on instantaneous communications

This article is particularly relevant to AQA A-level Paper 3, and also relevant to contract law topics across all the main exam boards.

According to the traditional approach to contract formation, an agreement is formed where both parties intend to create legally binding relations (see pp. 16–17) and one party (the offeror) makes an offer, which is accepted by the other party (the offeree). The bargain is sealed by an exchange of mutual value in the form of consideration.

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