If the two parties made it clear during negotiations that they intend to put an acceptance in writing, then a contract is not formed until both parties have signed the written acceptance. Without an expression of intent, the courts would look at what a reasonable person would decide about whether a signed, written contract is required. E. Acceptance of Ambiguous Offers Sometime an offer is not clear about whether it is bilateral or unilateral. In these cases, the offer can be accepted by any reasonable means according to the circucmstances. 1. Acceptance by Shipment The UCC says that an requesting immediate shipment of goods may be accepted either by promise to ship or by just shipping. The Code also states that prompt shipment of either conforming goods (what the order requested) or nonconforming goods (something other than what was requested) counts as an acceptance of the order, and no contract is created if the seller notifies the buyer within a reasonable period of time that the shipment of nonconforming goods is intended as an accommodation for the unavailable conforming goods. IV. Who Can Accept an Offer? Only the original offeree can accept (or someone acting for the offeree). The offer is personal to the offeree. If a third party tries to accept, it is not an acceptance but a completely new offer. Example: Q: If Jones sends an email to Walter offering to sell his car and Anderson sees the email and calls Jones to accept the offer, can Anderson accept? A: Anderson cannot accept - only Walter can legally accept. V. Review Questions: Questions:
If the two parties made it clear during negotiations that they intend to put an acceptance in writing, then a contract is not formed until both parties have signed the written acceptance. Without an expression of intent, the courts would look at what a reasonable person would decide about whether a signed, written contract is required. E. Acceptance of Ambiguous Offers Sometime an offer is not clear about whether it is bilateral or unilateral. In these cases, the offer can be accepted by any reasonable means according to the circucmstances. 1. Acceptance by Shipment The UCC says that an requesting immediate shipment of goods may be accepted either by promise to ship or by just shipping. The Code also states that prompt shipment of either conforming goods (what the order requested) or nonconforming goods (something other than what was requested) counts as an acceptance of the order, and no contract is created if the seller notifies the buyer within a reasonable period of time that the shipment of nonconforming goods is intended as an accommodation for the unavailable conforming goods. IV. Who Can Accept an Offer? Only the original offeree can accept (or someone acting for the offeree). The offer is personal to the offeree. If a third party tries to accept, it is not an acceptance but a completely new offer. Example: Q: If Jones sends an email to Walter offering to sell his car and Anderson sees the email and calls Jones to accept the offer, can Anderson accept? A: Anderson cannot accept - only Walter can legally accept. V. Review Questions: Questions:
Ch-16-Acceptances.docx