Acceptance by Performance Flashcards
1
Q
acceptance by performance
A
unless acceptance is limited by terms of the offer, offeree may accept by partial performance (bilateral Ks) or complete performance (unilateral Ks)
2
Q
bilateral Ks
A
partial performance accepts
Notice Requirement: must make offeror aware of acceptance
3
Q
unilateral ks
A
complete performance required
Notice requirement: w/in reasonable time upon completion
NOTE: no obligation to start or complete performance
- no breach b/c no k until complete performance
4
Q
offer mastery
A
offer may limit methods of acceptacne
5
Q
offers requiring acceptance by promise
A
may still accept by performance if
1. offeree begins to perform
2. offeror knows offeree has begun to perform
3. offeror acquiesces
