Formation 4 Flashcards
termination: what is NOT a counteroffer
mere inquiry
termination: mirror image rule
acceptance must mirror the terms of the offer; nonconforming acceptance = rejection
Termination: lapse of time
offeree must accept w/in specified reasonable time starting from when offer is received by offeree or when it would have been received (if delayed + offeree knows or should have known); otherwise, offeree allows offer to terminate
Acceptance of offer overarching rule
offeree must objectively manifest assent to terms and communicate it in any reasonable manner.
acceptance: how to communicate acceptance in “any reasonable manner?”
expressly or by conduct
Must offeree have knowledge of offer to accept?
yes
what constitutes acceptance of unilateral K offer?
ONLY complete performance; completed act forms the K
mailbox rule
acceptance is effective when dispatched
exception to mailbox rule
when exercising option K, acceptance effective when received
when are non-acceptance communications (e.g., offers) effective?
when received