Acceptance Requirements

Question 1

acceptance

Answer 1

offeree’s clear expression of assent to the terms of the offer

Question 2

offeror controls method

Answer 2

offeror is master of offer and can dictate manner of acceptance
* language of offer controls

Question 3

is silence acceptance?

Answer 3

NO

unless previous custom of parties

silence is NOT reasonable + objective

Question 4

CL acceptance

Answer 4

mirror image rule

NOT in UCC

Question 5

mirror image rule

Answer 5

acceptance must mirror offer’s terms

it cannot add, omit, or change terms of offer

Question 6

UCC acceptance

Answer 6

two issues:
1. acceptance with additional terms
2. acceptance by shipment

Question 7

UCC acceptance with additional terms

Answer 7

both parties merchants?
1. Yes: k is formed WITH additional terms unless
* additional terms materially change offer
* offer expressly limits acceptance to offer’s term
* offeror objects w/in reasonable time
2. No: K is formed WITHOUT additional terms

Question 8

UCC acceptance by shipment

Answer 8

merchant may accept an offer to buy goods by either:
1. providing a promise to ship goods (usually written confirmation)
2. promptly shipping conforming goods
3. shipment of nonconforming goods* - issues arise

Question 9

UCC shipment of nonconforming goods

Answer 9

acts an acceptance but may give rise to breach

NO breach if:
1. includes accommodation because out of goods
* this is a counteroffer
* NOT acceptance or breach IF buyer has choice to accept or not