Elements of an offer | intent to enter a bargain, certain and definite terms, communicated to all parties, a reasonable understanding that a contract will form if accepted |
Unilateral contract | acceptance is an offeree's complete performance |
Second restatement of contracts sec. 24 | an offer is a manifestation of willingness to enter a bargain as to justify another person in a reasonable understanding that their assent is invited to be included in the bargain |
Second restatement of contracts sec. 45 (1) | where an offer invites an offeree to accept by rendering performance and does not invite a promissory acceptance, an option contract is created when the offeree tenders or begins the invited performance or tenders the beginning of it |
Second restatement of contracts sec. 45 (2) | the offeror's duty of performance under any option contract so created is conditional on completion or tender of the invited performance in accordance with the terms of the offer |
When is the mailbox rule effective | u.s. postal service |
Mailbox rule | when sent through the mail an acceptance is effective on dispatch. everything else is effective on receipt |
Acceptance then rejection | can't reject once accepted |
Rejection then acceptance | mailbox rule does not apply. whichever one is read first |