Manner of ACCEPTANCE- COMMON LAW

Question 1

Two general requirements to constitute acceptance:

Answer 1

1. Under the Mirror Image Rule, the acceptance must mirror the terms of the offer; and
2. The acceptance must be communicated to the offeror.

Question 2

R. 2d §60

Answer 2

i. If offer explicitly states a manner of acceptanceoffer can only be accepted by complying with the insisted upon manner.
ii. If the offer only suggests manner of acceptance offer can be accepted by any reasonable means.

Question 3

KUZMESKUS V PICKUP CASE LAW

Answer 3

RULE :A contract cannot be binding if it was not accepted in
accordance with the imposed conditions.

Question 4

Unilateral and Bilateral Contracts.

Answer 4

-R. 2d § 32. Invitation of Promise or Performance

Question 5

Unilateral contract under R. 2d § 32.

Answer 5

a. The offeror unambiguously requires acceptance in the form of performing the very act the offeror is seeking when making the offer.
i. This is the only manner of acceptance for a unilateral contract.

Question 6

Bilateral contract under R. 2d § 32.

Answer 6

a. The offeror requires acceptance in the form
of a return promise.

Question 7

R. 2d § 51. Effect of Part Performance Without Knowledge of
Offer

Answer 7

A contract can only be formed if the offeree knew of the offer at the time of the purported acceptance.

Question 8

DAVIS V JACOBY CASE LAW

Answer 8

RULE: If an offer to a contract is ambiguous as to whether it is
unilateral or bilateral, a presumption existed that it is bilateral;
each party being a promisor and promisee.

Question 9

Silence as Acceptance- General Rule

An offeree’s silence in response to an offer cannot constitute acceptance except:

Answer 9

a. Where the offeree takes the benefit of the offeror’s services with a reasonable opportunity to reject them and with reason to know the offeror’s intention;

b. Where the offeror has given the offeree reason to understand that acceptance may be communicated by silence, in which case the offeree’s silence will operate acceptance if he intends as such; and

c. Where, because of previous dealings or other circumstances, it is reasonable that the offeree should notify the offeror if he does not intend to accept, in which case his silence will operate as acceptance.