LETTER OF LEGAL ADVICE Essay Example | Topics and Well Written Essays - 1750 words - 1

LETTER OF LEGAL ADVICE - Essay Example In most cases, acceptance must be absolute and unconditional – all the terms of the offer should be accepted without setting any conditions or changing the terms of the offer. However, the person being given an offer may require that the terms of the contract be changed or the offeror fulfill some conditions before acceptance of the offer (Abdul, 2011). Acceptance completes the process of forming a contract and allows both parties to be bound by the contract. Once an acceptance has been made, none of the parties can withdraw from it without incurring a liability to the other party. In that case, acceptance comes has its own unique elements that makes it different from other elements of a contract. Acceptance in a contract takes different forms depending on the way they are communicated and the terms of agreement involved in the contract. When an offer is made, ways of communicating the acceptance and any terms involved are stated. In that case, acceptance in a contract can be in the form implications, set conditions or expressed acceptance. These forms of acceptance must always be very clear and should not be with any kind of ambiguity neither should it be unequivocal. As it is seen in the case of Malago Pty Ltd v AW Ellis Engineering Pty Ltd [2012] NSWCA 227, there was ambiguity in the expression on the area whose ownership was to be transferred; that is ‘Gross Marine berth income.’ This was then one of the issues that appellant of the case argued that it rendered the agreement void. The court of appeal however, resolved the issue based on the circumstances that led to the agreement after it after construition of that expression. Therefore, the company should ensure that acceptance is always clear without ambiguity. Conditional form of a contract is the type of acceptance made under conditions set to the offeror by the party to whom an offer has been made as terms that must be made for the other party to accept the offer (Michael et al,