Acceptance Flashcards
(1) Acceptance of an offer is an offeree’s manifestation of assent to the terms in a manner invited or required by the offeror.
§50.Acceptance of Offer Defined;
a. Required form. The offeror is the master of his offer.
§30.Form of Acceptance Invited.
In case of doubt an offer is interpreted as inviting the offeree to accept either by promising to perform what the offer requests or by rendering the performance, as the offeree chooses.
§32.Invitation of Promise or Performance.
(3) Acceptance by a promise requires that the offeree complete every act by the making of the promise.
§50. Acceptance by Promise.
(2) Acceptance by performance requires that at least part of what the offer requests be performed.
§50.Acceptance by Performance;
An offer can be accepted only by a person whom it invites to furnish the consideration.
§52.Who May Accept an Offer.
§59.Purported Acceptance Which Adds Qualifications.
A reply to an offer which purports to accept it but is conditional on the offeror’s assent to terms additional to or different from those offered is not an acceptance but is a counter-offer.
an offeree cannot effectively accept an offer to enter into a unilateral contract if he or she does not know about it. Restatement 2d § 51.
Restatement 2d § 51 uniliateral acceptance
Restatement 2d § 53(3) acceptance of a reward offer
To have a valid acceptance of a reward offer, the offeree must manifest an intention to accept it at the time the acts called for in the offer are completed.
§39.Counter-Offers.
(1) A counter-offer is an offer made by an offeree to his offeror relating to the same matter as the original offer and proposing a substituted bargain differing from that proposed by the original offer.
a. Counter-offer as rejection. It is often said that a counter-offer is a rejection,
(1) A counter-offer is an offer made by an offeree to his offeror relating to the same matter as the original offer and proposing a substituted bargain differing from that proposed by the original offer.
a. Counter-offer as rejection. It is often said that a counter-offer is a rejection,
§39.Counter-Offers.
To have a valid acceptance of a reward offer, the offeree must manifest an intention to accept it at the time the acts called for in the offer are completed.
Restatement 2d § 53(3) acceptance of a reward offer
§35.The Offeree’s Power of Acceptance.
(1) An offer gives to the offeree a continuing power to complete the manifestation of mutual assent by acceptance of the offer.
(2) A contract cannot be created by acceptance of an offer after the power of acceptance has been terminated in one of the ways listed in §36
§36.Methods of Termination of the Power of Acceptance.
(1) An offeree’s power of acceptance may be terminated by
(a) rejection or counter-offer
by the offeree, or
(b) revocation by the offeror,
or
(c) lapse of time, or
(d) death or incapacity of the offeror or offeree.
§38.Rejection.
(1) An offeree’s power of acceptance is terminated by his rejection of the offer, unless the offeror has manifested a contrary intention.
(2) A manifestation of intention not to accept an offer is a rejection unless the offeree manifests an intention to take it under further advisement.