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 South Carolina, as in other jurisdictions, the concepts of offer and acceptance are fundamental to the formation of a legally binding contract. 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. It must be communicated to the offeror and match the terms of the offer exactly, which is known as the 'mirror image rule.' If the acceptance alters the terms or adds new ones, it does not constitute a valid acceptance but rather a counteroffer, which the original offeror can then accept or reject. Acceptance can be conveyed through words, written or spoken, or through actions that clearly indicate agreement to the contractual terms, such as beginning the performance of the contract. South Carolina law requires these elements to be present for a contract to be enforceable, ensuring that there is a clear mutual understanding between the parties.