文档介绍:THE AGREEMENT ACCEPTANCE接受该协议
CONTRACT LAW
Introduction to Contracts
The Agreement: Offer
The Agreement: AccepTHE AGREEMENT ACCEPTANCE接受该协议
CONTRACT LAW
Introduction to Contracts
The Agreement: Offer
The Agreement: Acceptance
Consideration
Reality of Consent
Capacity to Contract
Illegality
Writing
Rights of Third Parties
Performance & Remedies
OFFER
+ ACCEPTANCE
AGREEMENT
Effect of Acceptance
Learning Objectives
Definition
Basics of Acceptance
Intent
Same Terms
Communication
“Manifestation of assent to the terms [of the offer] made by the offeree in the manner invited or required by the offer.”
only offeree may accept offer
offeror may specify manner of accepting offer . “notify of your acceptance in writing”
Definition of Acceptance
THREE FACTORS
1) INTENT TO ENTER AGREEMENT
2) ON THE SAME TERMS AS OFFER
3) COMMUNICATION TO OFFEROR
#1 INTENT
SAME INTENT AS OFFER
OBJECTIVE (NOT SUBJECTIVE)
SPECHT VS. NETSCAPE COMMUNICATIONS CORP.
#2 SAME TERMS
“MIRROR IMAGE” RULE
(SOME COURTS – ONLY MATERIAL DIFFERENCES)
INQUIRIES AND GRUMBLING ACCEPTANCES STILL VALID
UCC BATTLE OF THE FORMS
UNION CARBIDE CORP. V. OSCAR MAYER
A definite and timely expression of acceptance creates a contract, even if it includes terms that are different from those stated in the offer or even if it states additional terms that the offer did not address [2–207(1)]
Mirror Image Rule & the UCC