Acceptance

Question 1

Unless offer provides that it can only be accepted by performance, it will be construed as an offer to enter a ____ and can be accepted by either ____ or _____.

Answer 1

Bilateral contract;

A promise to perform; the beginning of performance

Question 2

In a unilateral contract, can offeror revoke once the offeree starts performance?

Answer 2

No, and offeree doesn’t have to finish the job. Acceptance only when job is finished

Question 3

When a seller makes an accommodation, it constitutes a _____.

Answer 3

Counteroffer

Question 4

Silence is an effective acceptance. T/F

Answer 4

False

Question 5

Acceptance at common law: must mirror the terms of the offer. T/F

Answer 5

True

Question 6

Under Article 2: may make a “seasonable expression of acceptance” when addt’l terms are included. T/F

Answer 6

True. Unless terms are material and the offeror doesn’t object

Question 7

If a merchant adds a term that is described as “common in the industry,” it won’t be a material alteration. T/F

Answer 7

True

Question 8

Acceptance letters are effective upon ____.

Answer 8

Dispatch (dropping in the mail) (mailbox rule)

Question 9

Can an offeror alter the mailbox rule?

Answer 9

Yes, can state in the offer that acceptance is effective upon receipt

Question 10

Does the mailbox rule apply in option contracts?

Answer 10

No. Must have acceptance received by deadline

Question 11

When an offeree sends a rejection and then an acceptance, which holds?

Answer 11

Whichever arrives first

Question 12

Offeree sends an acceptance and then a rejection— which holds?

Answer 12

Acceptance is effective unless rejection arrives first and offeror detrimentally relies on it