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Contracts

offer and acceptance

Offer and acceptance are two essential elements required to form an enforceable contract. An offer is made when one party makes a promise to do or refrain from doing some specified act in the future. And an acceptance occurs when an offer is accepted unequivocally—without conditions or ambiguity.

In other words, the acceptance must mirror the terms of the offer. If the acceptance varies from the terms of the offer it is considered a rejection of the offer and a counteroffer.

Acceptance may be expressed through words, deeds, or the performance called for in the contract.

In North Dakota, as in other states, the formation of a contract requires an offer by one party and an acceptance by another. An offer is a clear proposal made by one party (the offeror) to another (the offeree), indicating a willingness to enter into a contract on certain terms. Acceptance, on the other hand, must be an unequivocal agreement to those terms without modification. If the acceptance alters the terms of the offer, it is not a true acceptance but rather a counteroffer, which the original offeror can then accept or reject. Under North Dakota law, acceptance can be communicated in various ways, including verbally, in writing, or through actions that clearly indicate acceptance of the contract terms, such as beginning the performance of the contract. The principles of offer and acceptance in North Dakota are governed by both state statutes and common law precedents.

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Contracts

offer and acceptance

Individual & Family Legal Plan

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North-Dakota State Code

North-Dakota State Code

Contracts

offer and acceptance

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