Two parties verbally discuss a possible agreement, but the offeree asks that the offeror e-mails them an official offer. The offer is emailed over, and the offeree responds back with a counteroffer at 4:59pm, telling the offeror that they will consider their counteroffer to be accepted if no response is given by the end of that same business day. The offeror opts to go with a different company who accepts their terms outright, but the original offeree threatens to sue the offeror for breach of contract. Can you confirm that this would not be a valid contract because a counteroffer does not need to be accepted? Additionally, can you provide some case examples that may serve as good precedent on this type of case?

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A counteroffer is generally interpreted in contract law as a rejection of the first offer The origin... View the full answer