Acceptance Flashcards
When does acceptance occur?
When there is a manifestation of a willingness to enter into the agreement.
- Objective Test
- must generally communicate it in order to be effective.
- can’t accept an offer headed elsewhere.
In a UCC context, what happens if the seller tries to accept by shipping the wrong goods?
This constitutes acceptance plus breach.
What is the requirement for acceptance for an open to all offer?
You must know about the offer.
What is the general rationale behind the mailbox rule?
To determine when an acceptance has been legally communicated where there is some delay between shipping and receiving.
What is the general mailbox rule?
An acceptance sent by mail is valid when sent.
When does the general mailbox rule not apply?
1) When the offeree sends something else first such as a rejection or counteroffer.
2) Doesn’t apply to Revocations or Rejections
3) To option contracts
4) Unclear if this applies to faxor email.
If I send you an offer and you mail back your acceptance. You change your mind and call me up before I receive your letter to reject the offer. Is there a contract?
Yes, unless I detrimentally relied on the objection.
I send you an offer. You mail back a rejection. You change your mind and mail back an acceptance a few hours later. Both letters arrive at y house on the same day. Is there a contract?
it depends on which is opened first.
When may you accept a contract without communication?
1) Unilateral reward offers
2) Unilateral offers in which the parties are geographically close such that the offeror will see that performance has occurred
3) Past history of silence serving as acceptance such that the offeree should reasonably notify the offeror if she doesn’t accept.
4) The offeror says that acceptance must come via silence and the offeree intends to accept via silence.
What is an implied-in-fact contract?
A contract that allows acceptance to be communicated without writing or speaking and gestures or actions show performance.
