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Free Books / Society / Law / Contracts and Agency | Popular Law / | ![]() |
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Chapter III. Making The Contract. Section 14. Offer And Acceptance |
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This section is from the book "Popular Law Library Vol3 Contracts Agency", by Albert H. Putney. Also see: Popular Law-Dictionary.
It has been shown how a contract is the result of an agreement, or a meeting of minds, between two or more parties. Such a meeting of minds cannot take place spontaneously or by accident. In the making of every contract one party must take the initiative and make a certain proposal to the other. This proposal or offer is the first step in the making of a contract. In this proposal A offers to do a certain thing for B, or to give a certain thing to B, on condition (or on consideration) that B will do a certain thing for him (A), or give a certain thing to him. If B accepts the proposal or offer of A, the contract is at once completed and becomes binding upon the parties. (Except in a few cases which will be explained in other parts of this book). B, however, although he may desire to enter into a contract with A of the general character proposed may not be satisfied with the terms offered by A. He may, therefore, instead of accepting A's offer make a counter proposition. B's proposal now becomes the offer and must be accepted by A in order to result in the making of a contract. These negotiations and counter propositions will go on until either the parties drop the matter without coming to any agreement, or until an offer made by one party, is accepted in its entirety. To make a contract there must be a mutual consent to all the terms of such contract. Before discussing this question of mutual consent, however, it is necessary to go back and consider how the offer may be made, and in what manner it may be accepted.
 
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