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Foundational Principles of Contract Law$
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Melvin A. Eisenberg

Print publication date: 2018

Print ISBN-13: 9780199731404

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199731404.001.0001

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Modes of Acceptance

Modes of Acceptance

Chapter:
(p.427) Thirty-Two Modes of Acceptance
Source:
Foundational Principles of Contract Law
Author(s):

Melvin A. Eisenberg

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199731404.003.0032

Chapter 32 concerns modes of acceptance. Most offers require acceptance by either a promise (offers for a bilateral contract) or an act (offers for a unilateral contract). In some cases an offer is ambiguous as to which mode of acceptance is required. Sometimes this ambiguity does not matter because the offeree performs an act that doubles as a promise. Often, however, cases that involve such ambiguity cannot be resolved this way. One approach to these cases is to apply the general principles of interpretation to determine which mode of acceptance is required. A different rule is embodied in Restatement Second Section 32: “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.”

Keywords:   acceptance, bilateral contract offers, unilateral contract offer, promising to perform, rendering performance

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