Acceptance Flashcards
The method of acceptance must be __________ in order to be valid
reasonable under the circumstances
_______ must know of the offer at the time of acceptance
Offeree
When is a unilateral contract that invites performance by the offeree accepted?
at the moment of full performance
What does the mirror image rule require?
an acceptance to be an unconditional assent to the exact same terms stated in the offer
According to the mirror image rule, an acceptance cannot _____ or ______ any terms.
add; remove
The mirror image rule does not apply to:
the sale of goods
What does the mailbox rule say?
acceptance becomes effective upon proper dispatch
When does acceptance become effective upon improper dispatch?
If it is received by the offeror within a reasonable amount of time
When is silence valid acceptance?
When an offeree receives the benefit of offered services, despite a reasonable opportunity to reject those services, as well as a reason to know that compensation is expected
What is the Mirror Image Rule?
rule under common law that says an acceptance must unconditionally agree to the exact terms of the offer
An illusory promise cannot support a contract if:
the promisor reserves a choice of alternative performances, unless each of the alternative performances would be sufficient for consideration if offered alone
What does the preexisting duty rule say?
The performance of a legal duty that is already owed is generally insufficient for consideration (a promise to perform an obligation that thepromisor is already legally required to do cannot support a new, binding agreement)
A ________ is generally not enforceable under the preexisting duty rule
modification
What are the exceptions that make a modification enforceable under the pre-existing duty rule?
alteration of duties and unforeseen circumstances
A modification to an existing contract is enforceable if the parties:
alter their duties to be sufficient for additional consideration
A modification to an existing contract is enforceable if the modification is:
fair and equitable in light of circumstances that were unforeseen by the parties at the time of the contract
What is acceptance?
the manifestation of assent to the terms by an intended offeree with knowledge of the offer
An acceptance may consist of a ____ or ____ by the offeree depending upon the terms of the offer
promise; performance
If the offer stipulates the method of acceptance, acceptance must
conform to the terms of the offer to be valid
An acceptance by a promise communicated to the offeree forms a
bilateral contract
If the offeror conditioned acceptance of the contract on full performance , acceptance by performance forms a
unilateral contract
The traditional rule under common law (mirror image rule) is that an acceptance must ____ agree to the exact terms of the offer
unconditionally
An acceptance must not add or remove any ___
terms
If an offeree first mails a rejection and then attempts to accept, is there a contract?
It depends on which is received first-acceptance or rejection. If rejection is received first, there is no contract. If acceptance is received first, there is a contract.
________ constitutes acceptance if it is reasonable, based on prior dealings, for the offeror to under that the offeree has accepted by remaining
silent
Silence constitutes acceptance if the offeror has _____ that the offeree may accept by silence or inaction
indicated
When silence constitutes acceptance because the offeror has indicated that the offeree may accept by silence or inaction, the offeree must ______ to accept the offer by remaining silent or inactive
intent
