Termination by Offeree

Question 1

What are the available ways for an offeree to terminate an offer?

Answer 1

Express Rejection, CounterOffer, Rejection of Option, Lapse of Time, Termination by Operation of Law

Question 2

What terminates an offer by Operation of Law?

Answer 2

Death (exception for option/part performance contracts) or Insanity, Destruction of subject matter, Supervening Illegality

Question 3

When is a rejection effective?

Answer 3

When it is recieved

Question 4

Counteroffer v. Mere Inquiry

Answer 4

Would a reasonably person believe that the original offer had been rejected?

Question 5

Common Law Mirror Image Rule

Answer 5

Under Common Law an Acceptance that adds new terms is treated as a counter offer rather than an acceptance

Question 6

UCC v. Mirror Image Rule

Answer 6

Response that adds new terms, but does not make those terms conditional to acceptance, is generally treated as acceptance.

Question 7

UCC Do Additional Terms of Acceptance Come In?

Answer 7

If both parties are merchants, then yes. UNLESS the additional terms MATERIALLY CHANGE the offer OR offeror objects.

Parties are not merchants? the additional terms are merely proposals to be SEPARATELY accepted or rejected.