Methods of acceptance
1. Full performance
2. Offeree starts to perform (depends on type of K)
a. Bilateral Contract – start of performance is acceptance
b. Unilateral Contract – start of performance is not acceptance, but the offeror cannot revoke the offer
3. Offeree promises to perform – if the K does not require performance to accept
4. Mailbox rule
a. Issues of double mailings
i. Revocation v. acceptance – if acceptance is mailed before receipt of revocation then offer is accepted
ii. Rejection v. acceptance – mailbox rule is inapplicable and it becomes whichever gets there first
5. UCC ONLY – SELLER SENDS THE WRONG GOODS
a. General rule – acceptance and breach
b. Exception – Accommodation
i. It is a counteroffer and no breach
ii. Buyer may accept the shipment and pay the list price or reject the shipment with no other remedy
6. Silence
a. General rule – silence is not acceptance
b. Exception – if offeree agrees by words/conduct that silence is acceptance (ex – “if you don’t hear from me by Friday, I accept”)
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