It is an elementary rule, that every contract requires an offer and an acceptance. Hence an offer or promise which is not accepted, is not actionable [per Mr. Justice Weerasooriya in Muthukuda v. Sumanatwathie, (1962) 65 NLR 205, 208, 209]. It has been stated that it is a very elementary proposition of law, that a contract is concluded, when in the mind of each contracting party there is a consensus ad idem. [Noorbhai v. Karuppan Chetty, (1925) 27 NLR 325 (P. C.)(per Lord Wrenbury)]

An offer is a promise, which is in its terms, conditional upon an act, forbearance or return promise being given in exchange for the promise or its performance Pollock, Contract, (13th ed.), page 4. An offer must be definite. An invitation to treat, and preliminary negotiations, do not amount to an offer. An advertisement of willingness to sell or let out a house, is not an offer. [Lallyet v. Negris & Co., (1911) 14 NLR 247].

A “tender” notice is not an offer. It is the tenderers positive reply to such notice, that becomes an "offer" [Attorney General v. Vithilengam, (1941) 43 NLR 117, at 118].