Unilateral Contracts

§45. OPTION CONTRACT CREATED BY PART PERFORMANCE OR TENDER

(1) Where an offer invites an offeree to accept by rendering a performance and does not invite a promissory acceptance, an option contract is created when the offeree tenders or begins the invited performance or tenders a beginning of it. (2) The offeror's duty of performance under any option contract so created is conditional on completion or tender of the invited performance in accordance with the terms of the offer.

Unilateral Contracts

A contract wherein only one party makes a promise of future performance in exchange for the other party's actual rendering of performance, rather than a mere promise of future performance.

§45

OPTION CONTRACT CREATED BY PART PERFORMANCE OR TENDER

Cook v. Coldwell Banker

RULE: Offeror may not revoke an offer where the offeree has substantial performance

Unilateral Contracts Restatements

§45