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Unformatted text preview: L293 (2/25/2009) Acceptance Where do todays concepts fit in? o (1) Agreement (2) consideration (3) genuine assent (4) competent parties (5) legal (6) in writing if required The Agreement o Two sub-elements to every Agreement: (1) Offer (2) Acceptance Acceptance o A manifestation of assent to the terms of the offer in the manner invited by the offer. o Need: Intent to enter the contract Acceptance on correct terms Communication to original offeree Intent: Specht v. Netscape Communications Corp. o Issue: Under what circumstances does the act of downloading create a contract? o Be sure to distinguish click-wrap and browse-wrap! Correct Terms: Mirror Image Rule o Acceptance must be the mirror image of the offer in all material aspects. o If acceptance varies from offer in any important way (major terms, conditions, or...
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- Winter '09