ACCEPTANCE

Question 1

Definition of Acceptance

Answer 1

A manifestation of assent to the terms of an offer in the manner prescribed or authorized by the offer.

Question 2

What Constitutes Acceptance?

Answer 2

1) Full performance
2) Start performance: for bi-lateral K, but not for unilateral K.
3) Seller of goods sends wrong goods, unless with
explanation (then it’s a counteroffer)
4) Offeree promise to perform

Question 3

Mailbox rule

Answer 3

Acceptance effective when mailed.

All else effective when received.

Question 4

What if acceptance includes additional terms?
Common law: Mirror Image Rule. Under UCC:
One party is merchant → add’l term is proposal subject to separate rejection;
Both parties merchants → add’l term is part of K unless (1) materially alters K; (2) offeror objects within reasonable time; or (3) offer limits acceptance to the terms.

Answer 4

Common law: Mirror Image Rule. Under UCC:
One party is merchant → add’l term is proposal subject to separate rejection;
Both parties merchants → add’l term is part of K unless (1) materially alters K; (2) offeror objects within reasonable time; or (3) offer limits acceptance to the terms.