1. Current intent (to accept)
Contract Formation
Acceptance
Current intent (to accept)
Also assessed objectively – what would neutral observer think? Intent that s/he may accept?
Communicated
Responsive (earlier, or if offeror requires, “Mirror Image” acceptance).
Offer could expect a return promise to perform (bilateral contract) or could expect performance (unilateral). Much can depend on this distinction, e.g., proper acceptance or not, whether offeree has a duty to finish performance, possible option contract giving offeree time to finish the contracted performance, etc.
Offers usually endure for awhile – if so, they are standing offers until such time as they are terminated/revoked.
Could be conditional acceptance – agreement subject to a precondition.
A big issue is when silence can act as acceptance, e.g., when offeror sets it up that way, offeree should speak up to stop further performance, offeree exercising dominion over the thing…
Inquiries, e.g. “would you consider $500 instead of $600?,” would not change the offer or terminate it.
(Significant) changes in the “acceptance” (the response) would act as a rejection of offer, possibly act as a counter offer.
© 2018 Paul J. Carrier, Paul J Carrier, LLC Blue – Category Recognition; White – Specific Category; Yellow – “Black Letter” Rules (to be memorized); Green – Main Factual Issues – Analysis; Red – Upper-Level, Integrated Comprehension