Prepare: Worksheet 12.2: Acceptance

On Friday, Billy mails Andrew an offer, which Andrew receives on Monday. On Tuesday, Billy mails Andrew a revocation, which Andrew does not receive until Thursday. Andrew takes no action when he receives the revocation. Meanwhile Andrew mailed Billy an acceptance on Wednesday that Billy receives on Friday. Is a contract formed, and if so, on what day?

A contract was formed when Andrew mailed his acceptance on Wednesday.

Clickwrap terms are never binding. T or F?

False

Correct order of a binding contract assuming mail cannot arrive the next day.

Fri.) Andrew mails Billy an offer to buy his house for $500,000 Mon.) Billy receives Andrew's offer Tues) Andrew mails Billy a revocation Wed.) Billy mails Andrew an acceptance Thu.)Billy receives Andrew's revocation Fri.) Andrews receives Billy's acceptance

Under the UCC, in which of the following circumstances would additional terms in an acceptance not become a part of the contract?

If the offeror promptly rejects the new terms; If the offer insisted on its own terms; If the terms materially alter the contract

Order in which the offer is successfully revoked:

Sat.) Andrew mails Billy an offer to buy his house for $500,000 Mon.) Andrew mails Billy a revocation Tues) Billy receives Andrew's offer Wed) Billy receives Andrew's revocation Thurs) Billy mails Andrew an acceptance Fri) Andrew receives Billy's acceptance

"Want to buy my bike for $300?" Contract responses are __________

Yes, and I'll pick it up this week; Yes

"Want to buy my bike for $300?" No contract responses are __________

Yes, if it has new tires; I'll buy it for $150

Under the ___________, the ___________ rule means that an acceptance that adds to or contradicts an offer is generally considered a ___________ and it __________ the original offer.

common-law; mirror-image; counteroffer' rejects

In Specht v. Netscape Communications Corporation, the plaintiffs were __________.

not bound by the clickwrap agreement because a reasonably prudent offeree would not necessarily know of all the terms

The majority of states hold that if a seller's form contract and a buyer's form contract contradict one another

there is a contract and the contradicting terms cancel each other out

An offeree accepts by saying or doing

something that a reasonable person would understand to mean he want to take the offer