Example of implied acceptance shopper puts items in

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Example of implied acceptance – shopper puts items in shopping cart at supermarket and approaches cashier.The “Mailbox Rule”:oRejection or counteroffer takes effect when original offeror receives noticeof rejection or counteroffer.oAcceptance takes effect when offeree dispatches it to the offeror not when the offeror actually receives notice of acceptance. Mailbox Rule does not apply to instantaneous communications.oFax, email, and text messages are considered instantaneous communications.Conflict amongst jurisdictions.Some jurisdictions say effective on dispatch.Some jurisdictions say effect upon receipt.Authorized Means of Acceptance
oThe means by which the offeree can communicate acceptance.May either be expressly stated in the offer.Implied from facts and circumstances when communication of acceptance not required as in a unilateral contract where acceptance is implied upon performance.oExample of express acceptance – If the offer says acceptance must be by certified mail, then when the acceptance is taken to the post office there is a valid contract.If the offeree faxes the acceptance, there is no contract.If no mode of communication is specified in the offer, any reasonable means of acceptance is valid.Alexander v. Lafayette Crime Stoppers, Inc. (2010).oWas Plaintiff’s acceptance communicated to Defendant?Baton Rouge Crime Stoppers (BCS) and Lafayette Crime Stoppers (LCS) offered reward regarding the “South Louisiana Serial Killer” for information provided viaa hotline.Dianna Alexander was one of the killer’s victims who survived attack because herson interrupted attack and chased attacker.Alexander identified the suspect in a police photo line-up.Alexander sought to collect the reward.BCS and LCS refused to pay.BCS and LCS argued that Alexander did not comply with the terms of their offer.BCS and LCS alleged that Alexander did not comply with offer terms because shedid not provide information to the two organizations via the hotline.Alexander filed a suit in a Louisiana state court against BCS and LCS.BCS and LCS moved for summary judgment asserting no material issue of law or fact.oIn MSJ alleged Alexander – Unable to prove a contract ever existed.Never provided info to tipster hotline and thus did not comply with“Form, terms, or conditions required by the crime stoppers.”oCourt granted MSJ in favor of Defendants.oAlexander appealed.“While the plaintiff may have provide information related to the arrest or indictment of [the killer] to local law enforcement… there is not indication in the offer that the [police] were the offerors of the reward or person authorized to receive acceptance” of the required information on behalf of the offerors.A state intermediate appellate court affirmed the trial court’s dismissal of the case.Alexander argued that she accepted the reward offers by providing information about the killer of the police.

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