Offer and Acceptance: There must be a clear offer from one party and an acceptance from the other. Several elements go into the formation of a contract, but the initial step is one party making an offer and the other party accepting that offer.An offer is a clear intention to enter into a legally binding agreement. It marks the first step in creating that agreement. An offer is a proposal from one party to another intending to create a legal obligation upon acceptance. By acceptance of any contract, the Contractor agrees to comply with all antitrust laws of the United States and the. If you've experienced a breach of contract or wish to break one, contact our experienced Miami-Dade County breach of contract lawyers today!