What is Required of an Acceptance?. Texas Education Agency, Copyright © 2012. All rights reserved “Copyright and Terms of Service Copyright © Texas Education

What is Required of an Acceptance?

Texas Education Agency, Copyright © 2012. All rights reserved

“Copyright and Terms of Service

Copyright © Texas Education Agency. The materials found on this website are copyrighted © and trademarked ™ as the property of the Texas Education Agency and may not be reproduced without the express written permission of the Texas Education Agency, except under the following conditions:

1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from the Texas Education Agency;

2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only without obtaining written permission of the Texas Education Agency;

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Acceptance Must Match the Offer

Mirror Image Rule – acceptance must exactly match the terms contained in the offer.

3Texas Education Agency, Copyright © 2012. All rights reserved

UCC-Acceptance of an Offer for a Contract

Contract for a sale of goods can be valid even if it does include new or conflicting terms.– If a party is a consumer, not a merchant, then

the new or changed terms are mere proposals and not a part of the contract unless agreed to by the original offerer.



Contract for a sale of goods can be valid even if it does include new or conflicting terms.– If both parties are

merchants, the new or changed terms are not an objection, if the terms are material.



Contract for a sale of goods can be valid even if it does include new or conflicting terms.– If the parties are merchants, the new or

changed terms are part of the contract if the original offerer is silent and the terms are minor (not material).


Acceptance Must Be Communicated to the Offeree

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Silence will not work

as acceptance.



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Bilateral acceptance requires that the offeree accepts by communicating the requested promise to the offerer.



Unilateral acceptance occurs when the offerer promises something in return for the offeree’s performance and indicates that this performance is the way acceptance is to be made.


Modes of Contractual Communication

• in person• by telephone• through text messaging• through the mail• by delivery service• through e-mail• through FAX


When Acceptances are Effective

according to required means of acceptance by the offerer

next day deliverywhen no specified or customary method

for communicating acceptance is stated-acceptance is effective when sent by the same means used for the offer or by faster means


When Acceptances are Effective

Oral acceptances occur

when words are spokenTelegraph when it is

handed to the clerk

at the telegraph office


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AssignmentsIndependent Practice Assignments

1. Bilateral vs. Unilateral Agreement Poster: Ask students to design a poster that shows pictures and explanations for four bilateral agreements and four unilateral agreements. This project will be evaluated using the associated rubric.

2. Creating the Legal Case Flash Card Game: Split the class into teams with two members. Each team must design a collage with an activity that involves an agreement. When the teams show their flash card to the class, students must state if the agreement is unilateral or bilateral. Students must also state what is involved in the agreement and if the agreement should be in writing. All answers must include specific explanations. This project will be evaluated using the associated rubric.


Documents

What is Required of an Acceptance?. Texas Education Agency, Copyright © 2012. All rights reserved “Copyright and Terms of Service Copyright © Texas Education