Introduction A contract may define as agreement which is consisted of offer and acceptance. It is formed when two or more parties are taken to have agreed of all the terms in the offer (Law hand book 2013). An agreement is start with an offer from offeror but which does not become a valid agreement until the other party-offeree show an unequivocal willingness to accept the terms of that offer. Both parties must be clear in content of the contract and also what will happen if the contract is broken before having acceptance in a binding agreement. However the agreement is not the only requisite to make an agreement to become a legally enforceable. There must also be intention, consideration and capacity to allow the contract to become legally binding. In this study, we will explain the meaning of ‘acceptance’, the role it plays in contract formation which included discussion and explaination of the way that the courts have responded to qualified or conditional ‘acceptance’, also discuss, by whether Australian contract law should or should not provide greater clarity as to what does or does not amount to a valid acceptance. Body In order to have a valid agreement, offer and acceptance is a must. An acceptance is a “final and unqualified assent to the offer and all of …show more content…
Masters paid a deposit of £1750. The memorandum contained the following clause: “This agreement is made subject to the preparation of a formal contract of sale which shall be accepted able to my [Cameron’s] solicitors on the above terms and conditions”. The sale did not happen. The High Court held that it was because the words used suggested that new terms could be added to those in the Sale Note. M should not be forced to include new terms that he had not even seen or considered (Graw