acceptance 3 rules
it must be a “mirror image” of the offer (exactly wt u offer, exactly wt u get)
it must be firm (“yes!”)
must be communicated to the offeror (silence does not mean acceptance)
offeree must be agreeing to ALL terms of the offeror & not trying to introduce new terms.
mirror image
Conditional acceptance is not binding.
‘subject to contract’ is not generally a valid acceptance and use of this phrase is normal practice in sales of land.
The parties will not be legally bound to each other until exchange of contracts takes place.
acceptance must be firm
arguing about who is the offeror & offeree; need to negotiate to settle disputes. (2 businesses wish to contract on their own terms. )
-different than a counter-offer it changes the terms
the battle of the forms
acceptance must be communicated
communication is effective only if made by an authorized person.
methods of communication (Instantaneous communication)
communication of acceptance is effective when it REACHES the OFFEROR. (when msg is received)
the post rule
once a letter is POSTED; acceptance takes place (even if lost)
only postal acceptance produces an instantaneous legal effect (posted/sent); only a _________ & ________ if effective when RECEIVED
postal offer
revocation
the offeror cannot waive the communication rule. (2)
acceptance has to be communicated
sielence does not mean acceptance
