Acceptance Study Outline

Acceptance is a manifestation of assent to the terms of an offer in the manner prescribed by the offeror. The acceptance must be clear, unequivocal, and communicated to the offeror. Generally, acceptance can be made through words, actions, or conduct that indicates agreement with the offer's terms. An acceptance is effective when communicated, unless the offer specifies otherwise, such as by stipulating it is effective upon dispatch. In cases of unilateral contracts, acceptance may occur by performing the requested act. The 'mirror image' rule dictates that acceptance must match the offer exactly, without adding new terms, to form a binding contract.

Acceptance can be classified into several types: express acceptance, implied acceptance, and constructive acceptance. Express acceptance occurs when the offeree verbally or in writing agrees to the terms. Implied acceptance can arise from conduct that suggests agreement, such as proceeding with performance in a unilateral contract. Constructive acceptance refers to legal acceptance that occurs by law, often due to the actions of one party that necessitate acceptance by the other party due to lack of alternative options. Furthermore, the doctrine of unilateral contracts allows acceptance through performance where a promise is made in return for an act. It's important to note that while silence generally does not constitute acceptance, under certain circumstances, silence may indicate acceptance when the offeree is aware that their silence will be interpreted as assent.

Once an offer has been made, it may be revoked by the offeror before the acceptance is communicated by the offeree. Revocation must be communicated effectively to be valid. Additionally, an offeree's response can be a rejection, which terminates the offer, preventing any potential acceptance thereafter. A counter-offer, which is a response proposing different terms, is also treated as a rejection of the original offer, thus ending that offer.