![]() ![]() What acts are sufficient to secure this purpose? We must look first to the terms in which the offer was expressed, either by words or by other conduct. Professor Corbin elaborates on these doctrinal principles in the following terms:Īn acceptance is a voluntary act of the offeree whereby he exercises the power conferred on him by the offer, and thereby creates the set of legal relations called a contract. (3) Acceptance by a promise requires that the offeree complete every act essential to the making of the promise. (2) Acceptance by performance requires that at least part of what the offer requests be performed or tendered and includes acceptance by a performance which operates as a return promise. (1) Acceptance of an offer is a manifestation of assent to the terms thereof made by the offeree in a manner invited or required by the offer. Acceptance of Offer Defined Acceptance by Performance Acceptance by Promise (2) Unless otherwise indicated by the language or the circumstances, an offer invites acceptance in any manner and by any medium reasonable in the circumstances. (1) An offer may invite or require acceptance to be made by an affirmative answer in words, or by performing or refraining from performing a specified act, or may empower the offeree to make a selection of terms in his acceptance. ![]() The Restatement (Second) includes sections defining acceptance and discussing the offeror’s control over the manner of acceptance: § 30. To accept an offer is to exercise the power that an offer creates.
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