Contracts can be formed without offer or acceptance.Rather, based on the principle of freedom from form, a sufficient agreement based on the intention of contractual obligation is the reason for the formation of a contract.According to the provisions of the principles, there is no need for the traditional model of offer and acceptance.
Formation of contracts in all legal systems, including civil and common law, are based on offer and acceptance. It is however possible to find an implied contract based on parties' conduct or other extrinsic evidence reflecting parties' intention for entering a contract.
The parties' intention that forms an implied contract should also demonstrate an offer and acceptance. For example If a customer enters a restaurant and orders, an implied contract is created. The restaurant owner offers to serve the food by its conduct, and the customer accepts this offer by eating the food.
Contract can't be formed without offer and acceptance. However offer and acceptance can be express or by conduct. There must be some overt or covert act indicating consent.It can be attributed also. Nowadays contracts are concluded by machines for which doctrine of attribution applies.
Offer and acceptance are necessary requirements for a contract in German and English law. However, the quality of both is different in English and German law. In German law both are „Willenserklärungen“, meaning (abb.) that if offer and acceptance match both parties are contractually bound. In England there is no concept like „Willenserklärung“. Thus, it needs more to be bound. Unless offer and acceptance are stated in a very special written form (deed), two considerations (of offeror and acceptor) are necessary to be bound. A Consideration is the actual rendering of payment or a service, or the promise thereof, given in exchange for the actual rendering of payment or a service, or the promise thereof, by the other party.
We know that contracts were based on offer and acceptance but through many new evolutions they aren't . . . Of course they are lot of details.
In Brazilian law we usually say there's the need of the parties' will, their intent in form a contract, whether it is implied or explicit. For this reason we cannot say there isnt offer and acceptance. Maybe not a formal or written one, but there's one nonetheless.
There can't be a valid contract without offer and acceptance. There must be someone who needs service or goods and someone must accept to provide the service or goods and there must also be an intention to create a binding legal relationship and consideration for there to be a binding contract
All of transactions, services and goods, will be based on offer and acceptance. The contract will be valid when the buyer / user accept the offer that might be listed in the internet for example, therefore the relationship between parties in the contract are based on the offer and acceptance
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