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Published byAlexis Floyd Modified over 8 years ago
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Contract Law: Acceptance Objective 3.01 Understand requirements of each element of a contract
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Acceptance Occurs when a party to whom an offer has been made agrees to the proposal. To create an enforceable contract, the acceptance must: 1. Come from the person or persons to whom the offer was made 2. Match the terms in the offer 3. Be communicated to the offeror
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Requirements of Acceptance Unconditional Acceptance Mirror Image Rule Acceptance must “mirror” offer Any change means there is no acceptance Counteroffer Offeree makes an offer Offeror becomes offeree
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Methods to Communicate Acceptance Silence as Acceptance Bilateral Acceptance Unilateral Acceptance
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Methods of Acceptance Contract accepted when sent, if same method of communication used Contract accepted when received, if different method of communication is used If method is stated in offer, it MUST be used Action=Acceptance Silence cannot be a method of acceptance
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Example of Acceptance
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Termination of Offer Revocation – Taking back of an offer by offeror Rejection – Refusal by the offeree Counteroffer – Any change in the terms of the offer Expiration of Time – If the offer puts a time limit on the offer and it has passed Death – Offeror dies Insanity – Offeror is declared insane
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