Acceptance Flashcards
Who can accept?
A person who knows about the offer, who is the person to whom it was made
Methods of Acceptance
Offer controls method of acceptance, offeree starts performance, offeree promises to perform, conflicting communications (mailbox rule) Seller of Goods sends wrong goods
Can silence be considered acceptance?
Generally no, but if custom indicates silence is acceptance it is reasonable.
offeree by words or conduct agrees that silence is acceptance
UCC Seller of Goods Sends Wrong Goods
Acceptance and a Breach
Under UCC what is accomodation
A seller send wrong goods with an explanation, this constitutes a counter offer and no breach.
Mailbox Rule
Acceptance is effective when sent
What is the exception to the Mailbox Rule?
If rejection is sent first then the mailbox rule doesn’t apply and rather first to be received is effective
Can offer be accepted by full performance? And is notice required?
Yes,
Notice is required depending what the offer provides AND whether the offeree has a reason to believe that the offeror will not learn of the acceptance.
Starting Performance valid acceptance?
Acceptance for Bilateral Contracts
Not acceptance for unilateral contracts (unilateral contracts require complete performance before acceptance) but will hold offer open
Will a promise to perform be considered acceptance?
Yes, for bilateral contracts
No, for unilateral contracts
Can and offeree’s power to accept and offer be assigned?
Generally no
However if offeree has paid consideration for an option contract acceptance can be transfered
Auction Contracts With Reserve
Auctioneer may withdraw the goods at any time until he announces completion of the sale
