Acceptance is an important element in the formation of a legally binding contract. A valid
acceptance is required to create a legally binding agreement between the parties. Here are the
requirements for a valid acceptance:
Communication: Acceptance must be communicated to the offeror. The acceptance must be
communicated through an appropriate means of communication. For example, if the offer
was made in writing, the acceptance must also be in writing. If the offer was made over the
phone, the acceptance can also be made over the phone.
Unconditional: The acceptance must be unconditional. It must be a complete and unqualified
assent to all the terms of the offer. Any attempt to modify or qualify the terms of the offer
would be considered a counter-offer and would not constitute a valid acceptance.
Mirror image: The acceptance must be a mirror image of the offer. It must match the terms of
the offer precisely. If there are any changes in the acceptance, it would be considered a
counter-offer and not a valid acceptance.
Intention to create legal relations: The parties must intend to create a legally binding
agreement. If the parties do not intend to create a legally binding agreement, then there is no
valid acceptance.
Capacity: The parties must have the legal capacity to enter into the contract. This means that
they must be of legal age and must not be under any legal incapacity such as mental
incapacity.
Timely acceptance: Acceptance must be made within the specified time period, if any. If no
time limit was specified, acceptance must be made within a reasonable time.
Acceptance by the proper person: The acceptance must be made by the person to whom the
offer was made or by someone authorized to accept on their behalf.
In summary, for a valid acceptance, there must be communication, unconditional agreement
to all the terms of the offer, mirror image of the offer, intention to create legal relations, legal
capacity, timely acceptance, and acceptance by the proper person.