Legal Definitions - power of acceptance

Definition: Power of acceptance refers to the ability of one person to accept another person’s offer that is legally binding. The issue of power of acceptance arises most in contract law when disagreements arise over whether a contract offer actually was accepted.

For example, if someone offers to sell their car to another person for $10,000, the power of acceptance lies with the person who is being offered the car. They can choose to accept the offer, decline it, or make a counter-offer. If they accept the offer, a legally binding contract is formed and both parties are obligated to fulfill their end of the agreement.

However, if the person being offered the car declines the offer or makes a counter-offer, the power of acceptance is terminated by the person who made the original offer. This can lead to disputes over whether the original offer was declined or a counter-offer was made.

The power of acceptance is important in contract law because it determines whether a legally binding agreement has been formed between two parties. It is essential that both parties understand the terms of the offer and acceptance to avoid any misunderstandings or disputes.