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Acceptance by Mind Map: Acceptance

1. What is acceptance?

1.1. 1. Acceptance of an offer is a manifestation of assent to the terms made therof made by the offeree in a manner that is invited or required by the offer

1.2. 2. Acceptance by performance requires that at least part of what the offer requests be performed or tendered (includes acceptance by performance)

1.2.1. Becomes a unilateral contract Rewards Public, not required to know of offer to perform Private, Offer must be known before performance.

1.3. 3. Acceptance by a Promise requires that the offeree complete every act essential in the making of the contract

1.3.1. Becomes a Bilateral Contract

1.4. Judged by an OBJECTIVE STANDARD

1.4.1. Would a reasonable person find that the offer was accepted.

2. Acceptance Cements:

2.1. Once an offer is accepted terms CANNOT be unilaterally (by one party) be changed.

2.1.1. Only exception is mutual modification of terms.

3. Requires

3.1. Communcated

3.1.1. Must be conducted in a faster or equal method that the offer arrives to be a reasonable acceptance.

3.1.2. Must be received by offeror Effective once received by Offeror Can be direct, to the person in which the offer was addressed Can be left in the possession of an individual authorized to accept the revocation (assistant, spouse etc.) Can be deposited into an authorized location (office mailbox etc.) Exception: MAILBOX RULE! Acceptance is upon dispatch If offer states or comes by US Mail as method of acceptance, then the offer is accepted upon dispatch in to the USPS mail system when properly stamped and addressed. If offer states acceptance must be received, then the offer is then only effective upon receipt. Not required to be read

3.1.3. Silence Silence is NOT auto-acceptance Only works under the Section 69 exceptions 1. Silence applies only under following exceptions 2. Offeree acts inconsistent with ownership Example, Book of the month club, subscription boxes.

3.2. Absolute and Unequivocal

3.2.1. Terms must be

3.3. Responsive

3.3.1. General Rule: Terms must be in similar terms as the original offer. (Mirror Image Rule) Exception UCC Article 2, 2-207 (Battle of the Forms)

4. Methods of Acceptance

4.1. A contract for the sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties (which recognizes the existence of such a contract)

4.1.1. Acceptance by conduct can occur in common law and bilateral contracts Fujimoto v Grand Pickle

4.1.2. UCC 2-204 Acceptance by Conduct Dealings of parties.

4.2. When the type of contract is ambiguous, it is offeree's choice

4.2.1. However, once the process begins (acceptance) it becomes an implied promise and is therefore unbreakable.

4.3. Acceptance by Tender

5. Termination of Power of Acceptance

6. Exceptions

6.1. Exceptions under Article 2

6.1.1. Battle of the Forms (2-207)

6.2. FTC rule of 3 day cooling period after door to door sales

6.2.1. protects elderly