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Questions and Answers
What is a clear demonstration of acceptance?
What is a clear demonstration of acceptance?
- Ignoring an offer
- Thinking about the offer before accepting
- Showing hesitation while accepting
- Nodding 'yes' to the offer (correct)
Which of the following describes a 'meeting of the minds'?
Which of the following describes a 'meeting of the minds'?
- Only one party knows the terms of the offer
- Both parties avoid discussing terms before agreement
- Both parties understand and agree to the same terms (correct)
- Both parties disagree on key terms
What must occur for silence to be considered acceptance?
What must occur for silence to be considered acceptance?
- The offeree must remain silent until they are prompted
- The offeree must perform an action indicating acceptance
- Silence is never considered acceptance in any context (correct)
- Silence can be considered acceptance if the offeror is silent first
In what situation does the Postal Acceptance Rule not apply?
In what situation does the Postal Acceptance Rule not apply?
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Which statement accurately reflects the concept of implied acceptance?
Which statement accurately reflects the concept of implied acceptance?
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What does 'intent to be bound' refer to in acceptance?
What does 'intent to be bound' refer to in acceptance?
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Who can accept an offer according to the acceptance rules?
Who can accept an offer according to the acceptance rules?
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What is a requirement for communication of acceptance to be valid?
What is a requirement for communication of acceptance to be valid?
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Study Notes
Acceptance in Contract Law
- Acceptance is when a person agrees to an offer without changing any of the terms, showing they want to follow the terms exactly.
Showing Acceptance
- Acceptance can be shown through verbal, written, or physical actions that clearly indicate agreement.
Communication of Acceptance
- Acceptance must be communicated to the offeror.
- If the offer specifies a method of acceptance, that method must be followed.
Meeting of the Minds
- Acceptance requires both parties to understand and agree on the same terms.
Intent to be Bound
- Acceptance must be final and clear, showing a genuine intention to be bound by the terms.
Acceptance by the Intended Party
- Only the person to whom the offer was made can accept it.
- They must know all the key terms of the offer.
Implied Acceptance
- Actions can sometimes count as acceptance even without explicit agreement.
- Example: A supplier continues to deliver goods after a draft contract is sent, which can be interpreted as acceptance through actions.
Silence is Not Acceptance
- Staying silent does not constitute acceptance of an offer.
Postal Acceptance Rule
- When accepting by mail, acceptance is considered effective the moment it is posted, not when the offeror receives it.
- This applies only if no alternative methods of acceptance are specified.
Exceptions to the Postal Rule
- If the offeror requires direct acceptance, the postal rule does not apply.
- With instant communication methods (email, text), acceptance is only valid when the other party receives it.
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