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.
§40.Time When Rejection or Counter-Offer Terminates the Power of Acceptance by mail or telegram
Rejection or counter-offer by mail or telegram does not terminate the power of acceptance until received by the offeror, but limits the power so that a letter or telegram of acceptance started after the sending of an otherwise effective rejection or counter-offer is only a counter-offer unless the acceptance is received by the offeror before he receives the rejection or counter-offer.
§41.Lapse of Time.
(1) An offeree’s power of acceptance is terminated at the time specified in the offer, or, if no time is specified, at the end of a reasonable time.
(2) What is a reasonable time is a question of fact, depending on all the circumstances existing when the offer and attempted acceptance are made.
§43.Indirect Communication of Revocation.
An offeree’s power of acceptance is terminated when the offeror takes definite action inconsistent with an intention to enter into the proposed contract and requires that the offeree acquire reliable information to that effect.
§51.Effect of Part Performance Without Knowledge of Offer.
Unless the offeror manifests a contrary intention, an offeree who learns of an offer after he has rendered part of the performance requested by the offer may accept by completing the requested performance.
§54.Acceptance by Performance; Necessity of Notification to Offeror.
(1 )Where an offer invites an offeree to accept by rendering a performance, no notification is necessary to make such an acceptance effective unless the offer requests such a notification.
(2) If an offeree who accepts by rendering a performance has reason to know that the offeror has no adequate means of learning of the performance with reasonable promptness and certainty, the contractual duty of the offeror is discharged unless
(a) the offeree exercises
reasonable diligence to
notify the offeror of
acceptance, or
(b) the offeror learns of the
performance within a reasonable time, or(c)the offer indicates
that notification of acceptance is not required.
§60.Acceptance of Offer Which States Place, Time or Manner of Acceptance.
If an offer prescribes the place, time or manner of acceptance its terms in this respect must be complied with in order to create a contract. If an offer merely suggests a permitted place, time or manner of acceptance, another method of acceptance is not precluded.
§62.Effect of Performance by Offeree Where Offer Invites Either Performance or Promise.
(1) Where an offer invites an offeree to choose between acceptance by promise and acceptance by performance, the tender or beginning of the invited performance or a tender of a beginning of it is an acceptance by performance.
(2) Such an acceptance operates as a promise to render complete performance.
§69.Acceptance by Silence or Exercise of Dominion.
(1) Where an offeree fails to reply to an offer, his silence and inaction operate as an acceptance in the following cases only:
(a) Where an offeree takes the
benefit of offered services
with reasonable
opportunity to reject them
and reason to know that
they were offered with the
expectation of
compensation.
(b) Where the offeror has
stated or given the offeree
reason to understand that
assent may be manifested
by silence or inaction, and
the offeree in remaining
silent and inactive intends
to accept the offer.
(c) Where because of previous
dealings or otherwise, it is
reasonable that the offeree
should notify the offeror if
he does not intend to
accept.
(2) An offeree who does any act inconsistent with the offeror’s ownership of offered property is bound in accordance with the offered terms unless they are manifestly unreasonable. But if the act is wrongful as against the offeror it is an acceptance only if ratified by him.
Mirror Image rule
Acceptance must mirror the terms of the offer exactly.
