An offer is a clear intention to enter into a legally binding agreement. It marks the first step in creating that agreement.Another key component to a valid contract is assent, sometimes referred to as a meeting of the minds, meaning both parties accept the offer. Acceptance in contract law is when a person agrees to the terms of an offer without any changes. For a valid contract to be formed, there must be mutual consideration involved. There must be an offer, an acceptance and consideration for a contract to be recognized and enforceable. To prove a valid offer a party must show. Under Texas law, a breach of contract occurs when a party to a contract fails to perform an act that it has expressly or impliedly promised to perform.