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					Acceptance
               An acceptance does not change the terms of the offer and is given in the manner
                stated in the offer, in the same manner as the offer, or any reasonable way. Issues
                in offer
  Acceptance or counter-offer?
        Mirror Image Rule-Restatement § 61- if the acceptance is made to depend on new terms it is a
        counter offer and will kill the original offer, if it is merely a request it will not be a counteroffer it
        will be an acceptance.
        UCC § 2-207(1) negates the mirror image rule if there is not a material change.
        UCC § 2-207(2) additional terms are treated as proposals for additions to the contract (unless
        vendors)
        If one or both of the parties relied on terms not in the contract then it becomes part of the
        contract
  When is the acceptance valid?
        MAILBOX RULE-Under Restatement § 63 an offer is valid when it leaves the offeree’s possession
        (i.e. dropped in the mail). At that point, there can NO MORE revocation from either party! This
        rule can be avoided by putting in the offer when the acceptance will be valid.

  Accept by performance or promise?
        A unilateral contract is one that can be accepted by performance a bilateral contract must be
        accept with a promise.
        When an offer invited acceptance by performance no notification of acceptance is required
        unless stated in the offer
        When the offeree begins performance, the Offeror is bound conditionally until performance is
        complete.
        If in doubt, it is up to the offeree to determine the mode of acceptance
  Notice required on unilateral contract?
        (1) Notice is not required unless requested by the offer. (Carlill v. carbolic smoke)
        (2) If the oferee has reason to know that the offeror has no adequate
        means of learning of performance then they must notify in a timely matter
  Acceptance by silence
        Traditionally you cannot accept by silence unless you have done so in the past. (Hobbs v.
        Massasoit Whip)
  E-commerce
        For a click thru terms in order for it to be a valid acceptance, you must HAVE TO SEE AND CLICK
        to accept.


  THE ACCEPTANCE CREATES A CONTRACT AND REMOVES THE POWER OF
  REVOCATION.

				
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posted:6/16/2012
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