Ratio Decidendi

Per Adekeye, JSC, in Best (Nig) Ltd v. Blackwood Hodge (Nig) Ltd & Ors (2011) NLC-123-31-1999(SC) at p. 22; Paras E—A:

"In any contract an acceptance of an offer must be plain, unequivocal, unconditional and without variance of any sort to the offer. Unless accepted any variation discharges an original offer. A conditional acceptance of an offer does not in law constitute an acceptance of the offer in question. A qualified acceptance of an offer cannot give rise to a binding agreement between the parties."

Explanation / Scope

This principle establishes that acceptance of an offer must be plain, unequivocal, unconditional, and without variance; a conditional or qualified acceptance does not constitute acceptance and cannot create a binding agreement. The principle applies in contract formation. It ensures that acceptance is valid. The principle reflects the requirements for acceptance. It prevents binding agreements from conditional acceptance. The court must require unconditional acceptance. The principle provides guidance on formation of contract.

Cases Applying This Principle