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
