Acceptance

Question 1

Acceptance

Answer 1

An acceptance is an unequivocal assent to the terms of an offer.

Question 2

Mirror Image Rule

Answer 2

Under the common law Mirror Image Rule, an acceptance must match the terms of the offer. If the acceptance contains additional or different terms, it is a counter offer rather than an acceptance. However, modernly the UCC modifies this rule to allow an acceptance to differ from the offer as to minor terms.

Question 3

UCC Acceptance

Answer 3

Under the UCC, “a definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.”

Question 4

Methods of Acceptance

Answer 4

“The offeror is the master of his offer.” If the offeror states a required mode of acceptance, the offeree must accept using that mode. If the offeror does not state a required mode of acceptance, then under the older common law rule, the acceptance must be made by the same mode as the offer, and under modern common law, the acceptance must be made by the same mode as the offer or by a reasonable mode.

Question 5

Mailbox Rule

Answer 5

Under the Mailbox Rule, established in the case of Adams v. Lindsell, an acceptance of an offer for a bilateral contract, dispatched by an authorized mode of communication, is effective when mailed.

Question 6

UCC Methods of Acceptance

Answer 6

Under the UCC, unless otherwise clearly indicated, acceptance may be made in any reasonable way, including a promise to ship or prompt shipment. Even a shipment of non-conforming goods constitutes acceptance unless the seller notifies the buyer that the non-conforming goods are offered only as an accommodation to the buyer.

Question 7

UCC Acceptance by Conduct

Answer 7

nder the UCC, conduct by both parties which demonstrates the existence of a contract is sufficient to establish a contract, even though the writings of the parties do not otherwise establish a contract. In such a case the terms of the contract consist of those terms on which the writings of the parties agree, plus other terms provided by the UCC.

Question 8

Rejection

Answer 8

A rejection is a manifestation by the offeree that he or she does not intend to accept the offer nor to give it further consideration.

Question 9

Rejection Effective when Received

Answer 9

A rejection becomes effective upon receipt by the offeror.