Acceptance

Question 1

assuming there was a valid offer……

Answer 1

issue whether a valid acceptance to have mutual assent

Question 2

Restatement 50

Answer 2

“Acceptance of an offer is a manifestation of assent to the

• terms thereof made by the offeree
• in a manner invited or required by the offer.”

Question 3

Restatement 50 (short)

Answer 3

a o a o i a m o a t t t t m b t o i a m i o r b t o

Question 4

courts look to both the ______& _____ of the acceptance to determine if it was effective

Answer 4

content & form

then do mirror image rule

Question 5

MIrror Image Rule

content

Answer 5

offeree’s acceptance must be on the same mirror image terms of the offer

Question 6

Bilateral K

Answer 6

consists of a promise seeking a return promise as acceptance

Question 7

Unilateral K

Answer 7

consists of a promise seeking a return performance as acceptance

• “A Unilateral K can be revoked at any time prior to the performance, (Peterson v. Pattberg)”
• “Once an offeree starts to perform this creates an Option Contract where the performance is the consideration & offer is open and irrevocable until performance is concluded or rejection is manifested.”
  a. Dickenson v Dodd, Lucy v. Zehmer,
• ** careful when performance may just be “preparing for performance” like buying materials that could be used for any job.
  - Reward Contracts: {find my lost cat}
  a. If reward no $$ then gray area on exam
• USE POLICY to TIEBREAK.
  i. Offer v. not offer
  ii. Acceptance v. not acceptance

Question 8

The Modern Approach of courts

Answer 8

view the return promise or performance as interchangeable w/ either type of K.

Question 9

Acceptance by Silence

Answer 9

Ordinarily silence cannot serve as acceptance UNLESS:

1) where the offeree takes the BENEFIT benefits of services reasonable person expects to pay
a. Ex, dining out
2) Offer set up to receive mutual assent through inaction by silence
3) Where reasonable for offeree to inform offeror he does not accept because of past dealings or otherwise.

Question 10

MAILBOX RULE (form)

Answer 10

An acceptance is EFFECTIVE upon proper dispatch into the mail

• *Once something is dropped into an official post office mailbox it has been deemed accepted
  i. EXCEPT for opK acceptances
  ii. All OTHER communications must be received to be effective

Question 11

Restatement - “any reasonable medium under circumstances”

Answer 11

Hypo that will be unclear & state 2 possible conclusions:
i. Seller makes offer by leaving phone msg. Offeree accepts by mail. While acceptance in mail and before seller receives it, seller calls to revoke the offer. Result?
➢ “If use of the mail was not an acceptable reasonable medium under the circumstances, mailbox rule does not apply…rejections are valid upon receipt & acceptance would be valid upon receipt
➢ If use of the mail was an acceptable reasonable medium under the circumstances than the mailbox rule applies and the acceptance became effective as soon as it was dropped in the mail.