ACCEPTANCE Flashcards
Acceptance
look at the offer for information about who can accept
Can an offer be assigned?
NO.
Can an option be assigned?
YES.
If you start to perform under bilateral
the under bilateral part performance is acceptance of the offer.
start performance under unilateral
NOT acceptance UNLESS YOU COMPLETE IT. COMPLETION = ACCEPTANCE.
Revocation for unilateral and bilateral
DIFFERENT - revocation for Unilateral cannot happen once P starts painting. Under bilateral - you CAN revoke if the performance hasn’t been completed.
Can the offeree promise to perform?
Bilateral - YES.
Return promise good enough?
YES.
B telefaxes an order for widgets to S, requiting immediate shipment. Can S accept offer by sending a telefax promising to ship the widgets? YES.
Offeror and offeree are at different places and there are conflicting communications
MAILBOX RULE: when is there acceptance?
- Gen: communications effective only when received.
- MAILBOX RULE: acceptances are effective WHEN SENT
- If rejection sent FIRST, then reject rule 2.
Ex. BG received a letter from C offering to sell car for 400. On Jan 10, BG mails letter of acceptance. On Jan 11, BG received letter from Calandrillo revoking offer. K?
Yes.
Acceptance effective Jan 10.
Even though receipt effective Jan 11. doesn’t matter.
Offeror sends you wrong goods
Seller of goods - selling wrong goods, simultaneous acceptance AND BREACH.
B order vaseline from S. S ships grape jelly. Did S Accept the offer creating a K? Did S breach K?
YES and YES.
B orders red widgets. S sends 100 blue widgets with explanation “out of red, can you use blue” is there a K?
NO acceptance AND NOT BREACH. It’s basically a counteroffer and you can accept if you want to.
- Offeree Silent.
Gen rule: Silence is generally NOT acceptance
EXCEPT: if custom between parties shows silence is reasonable, or conduct shows acceptance, then it can be effective acceptance
C offers to sell his car to BG for 400. BG says if you don’t hear from me by Friday then it’s a deal. K?
YES.
trapper of deal skins…4-5 months in a row of sale. After a while buyer just sends a check in the mail. After 6 months buyer doesn’t send check. WTF where’s my check?
Gimme my money or speak.
ALWAYS WRITE OUT THE GENERAL RULE
generally silence is not an effective acceptance - but exception is that if it’s custom or if conduct shows it or if there’s express agreement to silence as an answer then it’s OK.
can you watch your neighbor build a wall between your houses and not accept a K?
NO you have to pay.
