Business Law Chapter 11

acceptance

manifestation of assent to the terms made by the offeree in a manner invited or required by the offer

what are the 3 requires to accepting an offer?

present intent to contract, match terms in offer, communicate acceptance to offeror

how are terms of resulting contract determined under UCC?

agreed-upon terms, different terms, additional terms in the acceptance

stipulated means of communication

specific time, method, or place for communicating acceptance stated in offer

an offer that does not stipulate how it must be accepted is viewed as which form of authorizing acceptance?

impliedly

instantaneous means of communication

in person, by phone, by video conference

mailbox rule

acceptance is effective upon dispatch if it is sent by an authorized means of communication, unless offer states it is not effective until received

what does stipulation require for effective acceptance?

full compliance with all stipulations

authorized means of communication

methods expressively suggested in offer, implied by communication, customary trade/industry practice, prior dealings and any reasonable method; effective upon dispatch

unauthorized means of communication

unreasonable means, not effective until acceptance is received

since bilateral contracts are a promise for a promise, what must an offeree do?

make the promises requested by the offeror in order to accept an offer

What must an offeree do in a unilateral contract to accept?

perform the requested act

conforming vs non conforming goods

goods requested by buyer vs different goods than requested

what happens when a seller responds to an offer by shipping conforming goods?

the seller has both accepted and performed the contract

what happens when a seller responds to an offer by shipping non-conforming goods?

seller is treated as making a counteroffer (only if seller notifies buyer within a reasonable time)

what does it mean that the law requires some affirmative indication of assent from offerees before binding to an agreement?

an offeror is not allowed to word an offer so that the offeree must act in order to avoid being bind to a contract

under what condition can an offeree’s silence be acceptance?

if the offeree has indicated that their silence will indicate acceptance

what does an acceptance of an offer where a party fails to opt out require?

must be evidenced by some other affirmative act

who has the legal power to to accept an offer and create a contract?

the person to whom the offer has been made

what happens when someone other than the offeree attempts to accept the offer?

they are making an offer to contract with the original offeror on the terms included in the original offer