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K > Acceptance? > Flashcards

Acceptance? Flashcards

1
Q

Ways to Terminate Power of Acceptance

A
  • Rejection
  • Revocation
  • Lapse of Time
  • Counter Offer
  • Death of Offeror
  • Destruction of subject matter of K
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2
Q

Rejection by offeree terminates the power of acceptance

A

Akers

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3
Q

A lapse of time terminates the power of acceptance

A

Akers/RS 41

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4
Q

An offer lapses at the time stated in the offer!

A

Akers

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5
Q

If no time is fixed in the offer, then the offer lapses in a reasonable time

A reasonable time is determined by the context: nature of the K, trade usage, circumstances

A

Akers

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6
Q

An offer made by one to another in a face to face conversation is deemed to !continue only to the close of
their conversation and cannot be accepted thereafter (unless say think about it, get back to me)

A

Akers/RS 40

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7
Q

An offer is rejected when the offeror is justified in inferring from the words or conduct of the offeree that the
offeree intends not to accept the offer or to take it under further advisement

A

Akers

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8
Q

If reasonable person in offeror’s shoes would believe offeree manifested a rejection, rejected offer

A

Akers

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9
Q

Offer gives power of acceptance to offeree

A

Ardente

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10
Q

To be effective an acceptance must be definite and unequivocal

A

Ardente

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11
Q

Qualified acceptance, no K (Can have a request but not a condition)

A

Ardente

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12
Q

Look at language to determine whether acceptance valid (not unexpressed intention)

A

Ardente

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13
Q

Objective K Theory:

Reasonable person in offeror’s shoes needs to know accepted offer

A

Ardente

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14
Q

Where there is an offer to form a bilateral K, the offeree must communicate his acceptance to the offeror before
any contractual obligation can come into being

A

Ardente

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15
Q

A mere mental intent to accept the offer is not sufficient (Needs to be expressed)

A

Ardente

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16
Q

Acceptance may not impose additional conditions on the offer, nor may it add limitations

A

Ardente

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17
Q

An acceptance which is equivocal or upon condition or with a limitation is a counteroffer and requires
acceptance by the original offeror before a contractual relationship can exist

A

Ardente

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18
Q

Promise is illusory if it says “if I want”

A

Rhode Island

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19
Q

Presence of condition does not negate consideration if both sides are bound

A

Safeco/Eatherly

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20
Q

It is not equivocation if the offeree merely puts into words that which was already reasonably implied in the
terms of the offer

A

Rhode Island

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21
Q

An acceptance must receive a reasonable construction and the mere addition of a collateral or immaterial matter
will not prevent the formation of a K

A

Rhode Island

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22
Q

If you relieve offeror of obligation, not a counter offer

A

Rhode Island

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23
Q

The making of a counter offer terminates the power of acceptance

A

Rhode Island

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24
Q

A counter offer gives the offeror the power of acceptance

A

Rhode Island

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25
Q

Acceptance under protest is still an acceptance

A

Price

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26
Q

Signing is one way of manifesting assent – anything reasonably person in offeror’s shoes believes manifests
assent=acceptance

A

Price

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27
Q

Did not give a time, place, manner of acceptance – can do what want – gives offeree latitude

A

RS 60/Dickinson

28
Q

Reasonableness of medium of acceptance

  • What is customary in similar transactions
  • What offeror does
A

RS 65/Dickinson

29
Q

Unless forbidden, use any reasonable medium of acceptance

A

RS 30/Dickinson

30
Q

What constitutes receipt – comes into possession of person addressed or of some person authorized by
him to receive it for him, or when it is deposited in some place which he has authorized as the place for this or
similar communications to be deposited for him

A

RS 68/Dickinson

31
Q

An offeree’s power of acceptance is terminated when offeree receives from offeror a manifestation of
intention not to enter K (What a reasonable person in offeree’s shoes thinks offer has been revoked)

A

RS 42/Dickinson

32
Q

An offeree’s power of acceptance is terminated when the offeror takes:

  1. Definite action inconsistent with intention to enter into K
  2. And offeror acquires reliable information to that effect
A

RS 43/Dickinson

33
Q

Revocation of an offer terminates the power of acceptance

A

Dickinson

34
Q

If need a unique good for which there is not a market/cannot replace, specific performance

A

Dickinson

35
Q

Option K

A

Pay someone to make offer irrevocable

36
Q

Bilateral K

A

Accept with promise (performance may indicate promise)

37
Q

Unilateral K

A

Accept by performance

38
Q

Preparing to perform has no legal significance

A

Ragosta

39
Q

Ways to make an offer irrevocable:

A
  1. Pay for it
  2. RS 45
  3. RS 87(2)
40
Q

When you have a unilateral K, beginning performance makes it an option K (irrevocable for a reasonable amount of time – objective standard based on context) – but you have not accepted

A

RS 45

41
Q

An offer which the offeror should reasonably expect to induce action or forbearance of a
substantial character on the part of the offeree before acceptance and which does induce such
action or forbearance is binding as an option K to the extent necessary to avoid injustice

A

RS 87(2)

42
Q

Choice between unilateral and bilateral:

  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 or beginning of it is an acceptance by performance
  2. Such an acceptance operates as a promise to render complete performance
A

RS 62

43
Q

in case of doubt, an offer is interpreted as inviting the offeree to accept either by promising to perform what offer requests or by rendering the performance, as the offeree chooses

A

RS 32 - Read in conjunction with RS 62

32: If ambiguous, you get to choose; 62: If get to choose, performing=accepting

44
Q

Power of acceptance dies with offeror because lose ability to revoke when die

A

Exception: Offer already irrevocable - estate bound to follow through w/ K

45
Q

The power of acceptance may be terminated by the death or destruction of
the subject matter of the K

A

Family Video

46
Q

An acceptance is effective on dispatch aka when put in mail (offer, rejection, revocation are effective on
receipt)

A

MBR

47
Q

MBR is a default rule – offeror can require that acceptance is only effective on receipt

A

MBR

48
Q

If the offeree mails a rejection followed by mailing an acceptance, there is a race. Whichever arrives
first is effective.

A

MBR

49
Q

If the offeree mails an acceptance followed by mailing a rejection, there is no race. The offeree accepted
the offer by placing the acceptance in the mailbox

*However, if the rejection arrives first and the offeror detrimentally relies on that rejection, the
offeror can argue that the offeree is estopped from claiming that the offeree accepted the offer by
placing the acceptance in the mailbox

A

MBR

50
Q

If the offeree mails an acceptance to the wrong address, the mailbox rule is suspended

  • If the incorrectly addressed acceptance arrives at the offeror’s home/business within the time that a properly addressed acceptance would normally have arrived, the mailbox rule applies and the acceptance was effective on dispatch.
  • If the incorrectly addressed acceptance arrives at the offeror’s home/business later than a properly addressed acceptance would normally have arrived, the acceptance is effective on receipt if the offeree still had the power of acceptance at that later date
A

MBR

51
Q

Where an acceptance is seasonably dispatched but the offeree uses a means of transportation not
invited by the offer or fails to exercise reasonable diligence to insure safe transmission, it is treated as operative upon dispatch if received within the time in which a properly dispatched acceptance would normally have arrived

A

RS 67

52
Q

If an act is requested by the offeror as consideration for a unilateral K, the act need only be given with the intent of accepting the offer

A

RS 55/Klockner

53
Q

You can accept a bilateral K offer by performing so long as a reasonable person in the offeror’s shoes perceives
it as an acceptance

A

Simmons (Diamond Jim)

54
Q

The offer of a prize or reward for doing a specified act, like catching a criminal, is an offer for a unilateral K.
For the offer to be accepted and the K to become binding, the desired act must be performed with knowledge of the offer

A

Simmons

55
Q

So long as the outstanding offer was known to the offeree, a person may accept an offer for a unilateral K by
rendering performance, even if he does so primarily for reasons unrelated to the offer

A

Simmons

56
Q

Baseline rule: Where there is an offer for a unilateral K, no notification necessary

A

RS 54/Bishop

57
Q

Exceptions to baseline rule:

  1. If offeror requires notification, can require notification
  2. Notification of accepting an offer for a unilateral K required when act of such a kind that the
    knowledge is not going to come quickly to the offeror
A

Bishop

58
Q

Ways to satisfy exceptions:

A
  1. Reasonable diligence to notify
  2. Offeror learns of performance in reasonable time
  3. Offer indicates notification not required
59
Q

Schools of Thought – impact on when K is formed:

A

RS 54 Objective Standard: If you do the act, you’ve accepted, but if duty to notify, and fails to notify, offeror does not need to perform

Other courts: K is not formed until act performed and notice given if duty to notify

60
Q

Silence is not an acceptance

A

Vogt

61
Q

A reasonable person in the offeror’s shoes would not see silence as an acceptance

A

Vogt

62
Q

Acceptance by Silence

a)
1. Where an offeree takes the benefit of offered services

  1. W/ reasonable opportunity to reject them
  2. And reason to know that they were offered with the expectation of compensation

b)
1. Where the offeror has stated or given the offeree reason to understand that assent may be
manifested by silence or inaction

  1. 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
A

RS 69: Acceptance by Silence

63
Q

Even if did not have standing offer, keeping item/silence for unreasonable amount of time might be found as
acceptance

A

Hobbs

64
Q

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

A

RS 69(2)

65
Q

Contract implied in fact way for silence to be acceptance:

Where services are rendered by one person for another which are knowingly and voluntarily accepted, the law presumes that such services are given and received in expectation of being paid for, and will imply a promise to pay what they are reasonably worth

A

RS 69/Dobos

K (9 decks)

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