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Amplified acceptance under certain circumstances a

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Unformatted text preview: ional 3. Intentional WHEN OFFER BECOMES INEFFECTIVE: 1. Death, civil interdiction, insanity or insolvency of either party before acceptance is conveyed 2. Express or implied revocation of the offer by the offeree 3. Qualified or conditional acceptance of the offer, which becomes a counter-offer 4. Subject matter becomes illegal or impossible before acceptance is communicated PERIOD FOR ACCEPTANCE 1. Stated fixed period in the offer 2. No stated fixed period a. Offer is made to a person present – acceptance must be made immediately b. Offer is made to a person absent – acceptance may be made within such time that, under normal circumstances, an answer can be received from him • NOTE: Acceptance may be revoked before it comes to the knowledge of the offerror. AMPLIFIED ACCEPTANCE • under certain circumstances, a mere amplification on the offer must be understood as an acceptance of the original offer, plus a new offer which is contained in the amplification. RULE ON COMPLEX OFFERS 1. Offers are interrelated – contract is perfected if all the offers are accepted 2. Offers are not interrelated – single acceptance of each offer results in a perfected contract unless the offeror has made it clear that one is dependent upon the other and acceptance of both is necessary. Malbarosa vs. CA 2003 G.R.12576 - Offer inter praesentes must be accepted IMMEDIATELY. If the parties intended that there should be an express acceptance, the contract will be perfected only upon knowledge by the offeror of the express acceptance by the offeree of the offer. An acceptance which is not made in the manner prescribe by the offeror is NOT EFFECTIVE, BUT A COUNTER-OFFER which Page 121 of 297 Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 the offeror may accept or reject. RULE ON ADVERTISEMENTS AS OFFERS • Business advertisements – Not a definite offer, but mere invitation to make an offer, unless it appears otherwise • Advertisement for Bidders – only invitation to make proposals and advertiser is not bound to accept the highes...
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