Offer and acceptance are two essential elements in the formation of a contract. However, it is not enough to state that an offer and acceptance make a contract. There are certain conditions that must be met for the offer and acceptance to result in a binding agreement.

An offer is a proposal made by one party to another to enter into a contract. It can be communicated through various means, including in writing, verbally, or by conduct. However, not all proposals are considered offers. For instance, an invitation to treat, such as an advertisement, is not an offer but an invitation for customers to make an offer.

Once an offer has been made, the other party has the option to accept, reject, or counter it. If they accept the offer, they must do so without any conditions attached. If they introduce new terms, it is considered a counteroffer, and the original offer lapses.

For an offer and acceptance to result in a contract, certain conditions must be met. Firstly, both parties must have the legal capacity to enter into an agreement. Secondly, the terms of the offer and acceptance must be certain and definite. If the terms are not clear or precise, a contract may not be formed.

Thirdly, there must be mutual assent or a meeting of the minds between the parties to the contract. This means that both parties must have a clear understanding of what they are agreeing to. Finally, there must be consideration, which refers to a benefit or detriment that is exchanged between the parties. Consideration can be in the form of money, goods, or services.

In conclusion, an offer and acceptance do not automatically result in a contract. For a contract to be formed, certain conditions must be met, including legal capacity, definite terms, mutual assent, and consideration. It is essential to have a clear understanding of these elements to avoid any confusion or disputes in contractual agreements.