Acceptance

Question 1

Acceptance

Answer 1

Communicating a “yes” or doing what the offeror wants

Question 2

Bilateral Acceptance

Answer 2

Requires verbal or written commitment to accept offer

Question 3

Mailbox Rule

Answer 3

Acceptances are effective at the moment of dispatch (non-acceptance communications have no legal effect until they are received)

Question 4

Mailbox Rule continued

Answer 4

1) Rule applies unless offer states otherwise (e.g. acceptance by receipt only)
2) Rule does NOT apply if an option contract (acceptance effective upon receipt)
3) If both rejection and acceptance sent, whichever arrives first is valid

Question 5

Unilateral Acceptance

Answer 5

Requires performance (not promise)

• Performance begins at start of performance, not preparation
• Duty to notify of performance if offeror requests it or would not normally know of acceptance
• involuntary performance or perf without knowledge of offer does not form a contract

Question 6

Orders for Prompt Shipment (UCC)

Answer 6

Offer to buy goods for prompt shipment can be accepted either by promise to ship or prompt shipment

Question 7

Mirror Image Rule

Answer 7

Acceptance must mirror the offeror’s terms without any changes. Otherwise, it may be a counter-offer

Question 8

UCC: No Mirror Image Rule

Answer 8

Acceptance must only show “an intention to contract”

Question 9

Acceptance by Silence

Answer 9

Generally silence by offeree is not acceptance.
Exceptions
- Offeree unambiguously demonstrated acceptance by actions
- offeror explicitly states silence will constitute acceptance
- Quasi-contract - offeree received benefits from offeror and should have reasonably expected to pay value of benefits (unjust enrichment)

Question 10

UCC Acceptance by Silence

Answer 10

No verbal acceptance required between merchants with a pre-existing contract of ongoing nature. Actions must support belief of acceptance