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LOP Class 4
Acceptance: Offeree's Manifestation of Assent
7
Law
Graduate
08/28/2016

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Term
What are the elements of an acceptance?
Definition
(1) Manifestation of assent (2) by an offeree (subject to limited exceptions); (3) to the terms of the offer; (4) made in a manner invited or required by the offer; (5) while the offeree still has the power of acceptance.
Term
What is the rule regarding manifesting assent to an unknown offer?
Definition
As a general rule, an offeree can only manifest assent if she knows of the offer, but it is possible to manifest assent to an offer of a bilateral contract without knowledge of it. But except for an offer of a government reward, an offeree cannot accept an offer of a unilateral contract unless the offeree actually knows of the offer prior to completing the act or acts necessary to accept.
Term
What is the rule regarding cross offers?
Definition
When parties make cross offers, there is no contract unless one accepts the other's offer upon delivery.
Term
What is the duty-to-read rule?
Definition
An offeree's failure to read the terms of a written offer does not prevent the offeree's manifestation of assent from being effective, unless the offeree did not know and did not have reason to know that the document is a proposed contract or its essential terms.
Term
What is the "grumbling acceptance" rule?
Definition
An offeree's manifestation of dissatisfaction with an offer does not prevent the offeree's manifestation of assent from being effective.
Term
What theory is applied to determine if an offeree manifested assent?
Definition
Objective theory of contract.
Term
What is an example of when an offeree does not have reason to know the essential terms of an offer?
Definition
Fraud in the execution (also called "fraud in the factum")
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