Term
Restatement (2nd) of Contracts: #30
"FORM OF ACCEPTANCE INVITED" |
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Definition
(1) An offer may invite or require acceptance to be made by an affirmative answer in words, or by performing or refraining from performing a specified act, or may empower the offeree to make a selection of terms in his acceptance.
(2) Unless otherwise indicated by the language or the circumstances, an offer invites acceptance in any manner and by any medium reasonable in the circumstances. |
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Term
Restatement (2nd) of Contracts: #32
"INTIVATION OF PROMISE OR PERFORMANCE" |
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Definition
| In case of doubt an offer is interpreted as inviting the offeree to accept either by promising to perform what the offer requests or by rendering the performance, as the offeree chooses. |
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Term
Restatement (2nd) of Contracts: #32
"INTIVATION OF PROMISE OR PERFORMANCE" |
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Definition
| In case of doubt an offer is interpreted as inviting the offeree to accept either by promising to perform what the offer requests or by rendering the performance, as the offeree chooses. |
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Term
Restatment (2nd) of Contracts: #45
"OPTION CONTRACT CREATED BY PART PERFORMANCE OR TENDER" |
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Definition
| (1) Where an offeror invites an offeree to accept by rendering a performance and does not invite a promissory acceptance, an option contract is created when the offeree tenders or begins the invited performance or tenders a beginning of it. |
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Term
UCC - Article 2 - Sales #2-102
"SCOPE; CERTAIN SECURITY AND OTHER TRANSACTIONS EXCLUDED FROM THIS ARTICLE" |
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Definition
| Unless the context otherwise requires, theis Article applies to transactions in goods; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this Article impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers. |
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Term
UCC - Article 2- Sales #2-204
"FORMATION IN GENERAL" |
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Definition
(1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existnce of such a contract.
(2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined.
(3) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy. |
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Term
UCC - Article 2 - Sales #2-206
"OFFER AND ACCEPTANCE IN FORMATION OF CONTRACT" |
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Definition
(1) Unless otherwise unambiguously indicated by the language or circumstances
(a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances;
(b) an order or other offer to buy goods for prompt or curremtn shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or non-conforming goods, but such a shipment of non-conforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.
(2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance. |
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