What is Required of an Acceptance?

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Acceptance Must Match the Offer Mirror Image Rule – acceptance must exactly match the terms contained in the offer. Mirror Image Rule – acceptance must exactly match the terms contained in the offer. 3 Texas Education Agency, Copyright © All rights reserved

UCC-Acceptance of an Offer for a Contract  Contract for a sale of goods can be valid even if it does include new or conflicting terms. –If a party is a consumer, not a merchant, then the new or changed terms are mere proposals and not a part of the contract unless agreed to by the original offerer. 4 Texas Education Agency, Copyright © All rights reserved

UCC-Acceptance of an Offer for a Contract  Contract for a sale of goods can be valid even if it does include new or conflicting terms. –If both parties are merchants, the new or changed terms are not an objection, if the terms are material. 5 Texas Education Agency, Copyright © All rights reserved

UCC-Acceptance of an Offer for a Contract  Contract for a sale of goods can be valid even if it does include new or conflicting terms. –If the parties are merchants, the new or changed terms are part of the contract if the original offerer is silent and the terms are minor (not material). 6 Texas Education Agency, Copyright © All rights reserved

Acceptance Must Be Communicated to the Offeree 7 Silence will not work as acceptance. will not work as acceptance. Texas Education Agency, Copyright © All rights reserved

Acceptance Must Be Communicated to the Offeree 8 Bilateral acceptance requires that the offeree accepts by communicating the requested promise to the offerer. Bilateral acceptance requires that the offeree accepts by communicating the requested promise to the offerer. Texas Education Agency, Copyright © All rights reserved

Acceptance Must Be Communicated to the Offeree  Unilateral acceptance occurs when the offerer promises something in return for the offeree’s performance and indicates that this performance is the way acceptance is to be made. 9 Texas Education Agency, Copyright © All rights reserved

Modes of Contractual Communication in personin person by telephoneby telephone through text messagingthrough text messaging through the mailthrough the mail by delivery serviceby delivery service through through through FAXthrough FAX 10 Texas Education Agency, Copyright © All rights reserved

When Acceptances are Effective  according to required means of acceptance by the offerer  next day delivery  when no specified or customary method for communicating acceptance is stated- acceptance is effective when sent by the same means used for the offer or by faster means 11 Texas Education Agency, Copyright © All rights reserved

When Acceptances are Effective  Oral acceptances occur when words are spoken when words are spoken  Telegraph when it is handed to the clerk handed to the clerk at the telegraph office at the telegraph office 12 Texas Education Agency, Copyright © All rights reserved

13 Assignments Independent Practice Assignments 1.Bilateral vs. Unilateral Agreement Poster: Ask students to design a poster that shows pictures and explanations for four bilateral agreements and four unilateral agreements. This project will be evaluated using the associated rubric. 2. Creating the Legal Case Flash Card Game: Split the class into teams with two members. Each team must design a collage with an activity that involves an agreement. When the teams show their flash card to the class, students must state if the agreement is unilateral or bilateral. Students must also state what is involved in the agreement and if the agreement should be in writing. All answers must include specific explanations. This project will be evaluated using the associated rubric. Texas Education Agency, Copyright © All rights reserved