Acceptance

Question 1

(1) Acceptance of an offer is an offeree’s manifestation of assent to the terms in a manner invited or required by the offeror.

Answer 1

§50.Acceptance of Offer Defined;

Question 2

a. Required form. The offeror is the master of his offer.

Answer 2

§30.Form of Acceptance Invited.

Question 3

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.

Answer 3

§32.Invitation of Promise or Performance.

Question 4

(3) Acceptance by a promise requires that the offeree complete every act by the making of the promise.

Answer 4

§50. Acceptance by Promise.

Question 5

(2) Acceptance by performance requires that at least part of what the offer requests be performed.

Answer 5

§50.Acceptance by Performance;

Question 6

An offer can be accepted only by a person whom it invites to furnish the consideration.

Answer 6

§52.Who May Accept an Offer.

Question 7

§59.Purported Acceptance Which Adds Qualifications.

Answer 7

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.

Question 8

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.

Answer 8

Restatement 2d § 51 uniliateral acceptance

Question 9

Restatement 2d § 53(3) acceptance of a reward offer

Answer 9

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.

Question 10

§39.Counter-Offers.

Answer 10

(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,

Question 11

(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,

Answer 11

§39.Counter-Offers.

Question 12

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.

Answer 12

Restatement 2d § 53(3) acceptance of a reward offer

Question 13

§35.The Offeree’s Power of Acceptance.

Answer 13

(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

Question 14

§36.Methods of Termination of the Power of Acceptance.

Answer 14

(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.

Question 15

§38.Rejection.

Answer 15

(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.

Question 16

§40.Time When Rejection or Counter-Offer Terminates the Power of Acceptance by mail or telegram

Answer 16

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.

Question 17

§41.Lapse of Time.

Answer 17

(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.

Question 18

§43.Indirect Communication of Revocation.

Answer 18

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.

Question 19

§51.Effect of Part Performance Without Knowledge of Offer.

Answer 19

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.

Question 20

§54.Acceptance by Performance; Necessity of Notification to Offeror.

Answer 20

(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.

Question 21

§60.Acceptance of Offer Which States Place, Time or Manner of Acceptance.

Answer 21

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.

Question 22

§62.Effect of Performance by Offeree Where Offer Invites Either Performance or Promise.

Answer 22

(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.

Question 23

§69.Acceptance by Silence or Exercise of Dominion.

Answer 23

(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.

Question 24

Mirror Image rule

Answer 24

Acceptance must mirror the terms of the offer exactly.

Question 25

UCC §2–206.Offer and Acceptance in Formation of Contract.

Answer 25

(1) Unless otherwise unambiguously indicated by the language or circumstances
(a)an offer to make a contract shall be construed as
inviting acceptance in any manner and by any
medium reasonable in the circumstances;
(b)an order or other offer to buy goods for prompt or
current shipment shall be construed as inviting
acceptance either by a prompt promise to ship or
by the prompt or current shipment of conforming
or non-conforming goods, but such a shipment of
non-conforming goods does not constitute an
acceptance if the seller seasonably notifies the
buyer that the shipment is offered only as an
accommodation to the buyer.

(2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.

Question 26

UCC §2–207.Additional Terms in Acceptance or Confirmation.

Answer 26

(1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is not expressly made conditional on offerors assent to the additional or different terms.

(2) The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless:

 (a)the offer expressly limits acceptance to the terms of the offer;

(b)they materially alter it; or

  (c)notification of objection to them has already been given or is given within a reasonable time after notice of them is received.

(3) Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this Act.

Question 27

(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.

Answer 27

§36.Methods of Termination of the Power of Acceptance.

Question 28

§50.Acceptance of Offer Defined;

Answer 28

(1) Acceptance of an offer is an offeree’s manifestation of assent to the terms in a manner invited or required by the offer.

Question 29

§30.Form of Acceptance Invited.

Answer 29

a. Required form. The offeror is the master of his offer.

Question 30

§32.Invitation of Promise or Performance.

Answer 30

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.

Question 31

§50. Acceptance by Promise.

Answer 31

(3) Acceptance by a promise requires that the offeree complete every act by the making of the promise.

Question 32

§50.Acceptance by Performance;

Answer 32

(2) Acceptance by performance requires that at least part of what the offer requests be performed.

Question 33

§52.Who May Accept an Offer.

Answer 33

An offer can be accepted only by a person whom it invites to furnish the consideration.

Question 34

Restatement 2d § 51 uniliateral acceptance

Answer 34

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.