Acceptance Flashcards
What is acceptance?
An acceptance is a manifestation of a willingness to enter into the agreement by the offeree.
(usually must be communicated, silence generally does not manifest willingness unless there is a PAST HISTORY of silence serving as acceptance).
How can one manifest assent (besides communication) to a bilateral contract?
For bilateral contracts, the start of performance manifest acceptance.
How does performance affect unilateral contracts?
For unilateral contracts, the start of performance only makes the offer irrevocable– the offer is only accepted once performance is complete.
Must acceptance be objective or is subjective hidden intent enough?
Acceptance is governed by an objective test, which means that outward appearances of words and actions are determinative– not hidden intentions.
True or false: the offer must be specifically directed to the person trying to accept it?
True
yes or no: For open to all contests and reward offers, must the person know about the contest or reward offer in order to accept it?
Yes