Offeror's Control Flashcards

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1
Q

Eliason v. Henshaw (1819), 4 Wheaton 225, 4 U.S. (L. Ed.) 556
(Dictating Manner of Acceptance)

Issues:
- Was there acceptance?
- Is the offeror obligated to fulfill their side of the contract when an offeree does not follow the instructions for communication of acceptance?
- Is the offeror (buyer in this case) obligated to fulfil their side of the contract when an offeree does not follow the instructions on communication of acceptance set by the offeror?

A

Rules:
- The offeree must follow the terms of the offeror (time/place/manner of acceptance) form acceptance to be binding.
- Under offeror’s control, communication of acceptance must occur under what the offeror intends to count as acceptance.
- Offeree’s deviation from implied communication won’t count as acceptance unless it’s a trivial deviation from what was implied for acceptance.

Conclusion:
- The offeror is not obligated to fulfill their obligations if offeree doesn’t follow manner of acceptance.

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