Acceptance

Question 1

Acceptance

Answer 1

Manifestation of assent

Question 2

How do you typically accept an offer?

Answer 2

Through a promise or performance

Question 3

Silence can be acceptance if…

Answer 3

1. A person receives the benefit of services despite opportunity to reject services and it is reasonable that compensation would be expected
2. The offeree takes dominion over offered property
3. If silence has previously been used as acceptance in prior dealings
4. If the offeror and the offeree intend for silence or nonverbal conduct to be an acceptance - “An implied in fact contract”

Question 4

Mirror Image Rule ( Common Law)

Answer 4

The offer and acceptance must match each other exactly

Question 5

Mirror Image Rule (UCC)

Answer 5

In the sale of goods between merchants, non-mating terms become a part of the contract unless:

1. the response expressly conditions acceptance on agreement to the non-matching terms
2. The non-matching terms materially alter the contract: OR
3. The other party timely notifies the responding party that the non-matching terms are unacceptable