Acceptance

Question 1

Acceptance (acceptance para)

Answer 1

Acceptance is the manifestation of assent to the terms of the offer in a manner intended or required by the offer.

Question 2

Mirror Image (acceptance para)

Answer 2

At CL, Acceptance must be identical to the offer with respect to the promise to be made or performance to be rendered. Any additional terms are considered rejection / counteroffer

Question 3

Power of Acceptance (acceptance para)

Answer 3

An offer can only be accepted by a person invited to furnish consideration

Question 4

Mailbox Rule

Answer 4

Acceptance is effective upon proper dispatch, and rejection upon receipt, unless a different method of acceptance is mandated

Question 5

Acceptance by Silence

Answer 5

should be a presumption of nonresponse, unless heavily convinced that such silence is acceptance

Question 6

UCC 2-207

Answer 6

If the UCC is implicated, and common law acceptance fails, acceptance may be found under the provisions of UCC 2207 (merchants and if form contract and acceptance – go from 1 to 2; if 1 or no merchants and no acceptance, then go from 1 to 3) – does not affect modification

(1) Is there a contract? A definite and seasonable expression of acceptance or written confirmation which is sent in a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms
(2) If there is a contract, what are its terms? The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless: (a) offer expressly limits acceptance to its terms, (b) they materially alter, or (3) notification of objection has already been given or is given within a reasonable time
(3) If writings do not establish a K, is there conduct that recognizes a contract? Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings otherwise do not establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this Act