Offeror's Control

Question 1

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?

Answer 1

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.