ACCEPTANCE

Question 1

Acceptance

Answer 1

look at the offer for information about who can accept

Question 2

Can an offer be assigned?

Answer 2

NO.

Question 3

Can an option be assigned?

Answer 3

YES.

Question 4

If you start to perform under bilateral

Answer 4

the under bilateral part performance is acceptance of the offer.

Question 5

start performance under unilateral

Answer 5

NOT acceptance UNLESS YOU COMPLETE IT. COMPLETION = ACCEPTANCE.

Question 6

Revocation for unilateral and bilateral

Answer 6

DIFFERENT - revocation for Unilateral cannot happen once P starts painting. Under bilateral - you CAN revoke if the performance hasn’t been completed.

Question 7

Can the offeree promise to perform?

Answer 7

Bilateral - YES.

Question 8

Return promise good enough?

Answer 8

YES.

B telefaxes an order for widgets to S, requiting immediate shipment. Can S accept offer by sending a telefax promising to ship the widgets? YES.

Question 9

Offeror and offeree are at different places and there are conflicting communications

Answer 9

MAILBOX RULE: when is there acceptance?

1. Gen: communications effective only when received.
2. MAILBOX RULE: acceptances are effective WHEN SENT
3. If rejection sent FIRST, then reject rule 2.

Question 10

Ex. BG received a letter from C offering to sell car for 400. On Jan 10, BG mails letter of acceptance. On Jan 11, BG received letter from Calandrillo revoking offer. K?

Answer 10

Yes.
Acceptance effective Jan 10.
Even though receipt effective Jan 11. doesn’t matter.

Question 11

Offeror sends you wrong goods

Answer 11

Seller of goods - selling wrong goods, simultaneous acceptance AND BREACH.

Question 12

B order vaseline from S. S ships grape jelly. Did S Accept the offer creating a K? Did S breach K?

Answer 12

YES and YES.

Question 13

B orders red widgets. S sends 100 blue widgets with explanation “out of red, can you use blue” is there a K?

Answer 13

NO acceptance AND NOT BREACH. It’s basically a counteroffer and you can accept if you want to.

Question 14

6. Offeree Silent.

Answer 14

Gen rule: Silence is generally NOT acceptance

EXCEPT: if custom between parties shows silence is reasonable, or conduct shows acceptance, then it can be effective acceptance

Question 15

C offers to sell his car to BG for 400. BG says if you don’t hear from me by Friday then it’s a deal. K?

Answer 15

YES.

Question 16

trapper of deal skins…4-5 months in a row of sale. After a while buyer just sends a check in the mail. After 6 months buyer doesn’t send check. WTF where’s my check?

Answer 16

Gimme my money or speak.

Question 17

ALWAYS WRITE OUT THE GENERAL RULE

Answer 17

generally silence is not an effective acceptance - but exception is that if it’s custom or if conduct shows it or if there’s express agreement to silence as an answer then it’s OK.

Question 18

can you watch your neighbor build a wall between your houses and not accept a K?

Answer 18

NO you have to pay.