What is required for a legally binding acceptance of an offer?

For an acceptance to be legally binding, it must be a clear and unequivocal agreement to the terms of the offer. This means that the acceptance must mirror the offer exactly and signal the offeree's intention to be bound by those specific terms. Any ambiguity or inconsistency in the acceptance can lead to misunderstandings and may not constitute a valid acceptance.

The common law principle is that an acceptance must be definite; it cannot change or add new terms from those presented in the offer, which aligns with the requirement of mutual assent in contract law. This process is crucial in contract formation to ensure that both parties have a shared understanding of their obligations.

In contrast to this, silence does not indicate acceptance unless there is a prior agreement or established practice to that effect, and refusing to negotiate suggests a lack of willingness to engage, which cannot constitute acceptance. Similarly, performing terms without acknowledgment may imply acceptance in some situations, but it lacks the clarity and agreement necessary for a binding contract unless previously agreed upon. Thus, a clear and unequivocal agreement is the cornerstone of effective acceptance in contract law.