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Unformatted text preview: objected within a
reasonable time, the additional term about delivery is not part of the deal.
In transactions other than contracts for the sale of goods, the mirror image rule is still very
much in force for both merchants and nonmerchants alike. rog80328_04_c04_062-088.indd 75 10/26/12 5:42 PM CHAPTER 4 Section 4.3 Acceptance Communicating the Acceptance
Suppose an offer has been made to you
and you want to accept. You already
know what to say (because you just
read the section above). But how should
you communicate this acceptance to the
If the offeror stated already how you are
to accept, you must follow exactly the
offeror’s instructions. For example:
Example 4.21. Carlos offers to
sell you his acoustic guitar for
$300, and adds that you should
reply by e-mail.
Email or phone calls can be valid methods for accepting, but
only if the offer didn’t specify other means!
Digital Vision/Thinkstock Emily offers to sell you her
bike for $100 and says she must
receive your acceptance in writing by 3 p.m. Thursday. Edmund offers to employ you as his butler for $10,000 per month, and
states that to accept you must climb the Matterhorn and plant a red flag on
the summit that says “I accept.”
In all of these situations, the offeror has directed the means of acceptance. To contract for
the guitar, you must e-mail Carlos. If you call him up, you will actually be making a counteroffer. If you attempt to accept Emily’s offer by mailing an acceptance on Tuesday that
she receives on Friday, that will be another counteroffer. And as for Edmund . . . well, get
out your ice pick and make a reservation for Switzerland if you really want that job! Note
that this is all up to the offeror; there is no requirement that he be reasonable. The offeror
can make acceptance just as difficult, or silly, as he wishes.
Of course, in many situations, the offeror doesn’t give any directions on how to accept.
Jake offers to sell Calvin his business law book for $20, and that’s all he says. The rule then
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This test prep was uploaded on 04/09/2014 for the course BUS 311 taught by Professor Parker during the Spring '10 term at Ashford University.
- Spring '10
- Business Law