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 Wyoming, as in other states, 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, is the unambiguous agreement by the offeree to the terms of the offer, thereby creating a contract. Wyoming follows the mirror image rule, which means that the acceptance must exactly match the terms of the offer. 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 communicated in various ways, including verbally, in writing, or through actions that clearly indicate agreement to the contractual terms. It's important to note that under Wyoming law, as well as under the Uniform Commercial Code (UCC) which governs commercial transactions, the precise rules for offer and acceptance may vary slightly, especially in the context of sales of goods.