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📄contracts review

key term - Acceptance by Performance

Citation:

Definition

Acceptance by performance refers to the situation where a party agrees to a contract not by explicitly stating their acceptance but by fulfilling the terms of the agreement through their actions. This method allows acceptance to occur even when no verbal or written acknowledgment is given, as long as the actions taken demonstrate a clear intention to accept and comply with the contract's stipulations. It is crucial because it highlights how contracts can be formed through conduct, impacting the effectiveness and enforceability of agreements.

5 Must Know Facts For Your Next Test

  1. Acceptance by performance typically occurs in unilateral contracts, where one party promises something in exchange for an action from the other party.
  2. The performance must be completed as specified in the offer for it to constitute valid acceptance; partial or incomplete performance may not suffice.
  3. Silence does not equal acceptance; however, if one party begins to perform the terms of the agreement, it can be interpreted as acceptance.
  4. Once acceptance by performance occurs, the performing party may be entitled to enforce the contract against the other party.
  5. If a party makes an offer that specifies a particular method of acceptance, that method must be followed for valid acceptance to occur.

Review Questions

  • How does acceptance by performance differ from traditional forms of acceptance in contract law?
    • Acceptance by performance differs from traditional forms like verbal or written acceptance because it relies on actions rather than explicit agreement. In this scenario, a party demonstrates their acceptance through fulfilling contractual duties, which may not involve any communication. This approach broadens the scope of how agreements can be recognized and enforced, showing that actions can carry just as much weight as words in establishing contractual obligations.
  • Discuss the implications of acceptance by performance on unilateral contracts and how this affects both parties involved.
    • In unilateral contracts, acceptance by performance allows one party to accept an offer simply by completing the requested act, such as providing a service or delivering goods. This method impacts both parties significantly; for the offeror, it ensures they have a binding agreement once the action is performed. For the offeree, it provides clarity that their completed action constitutes acceptance and protects their rights under the contract once they fulfill their end of the deal.
  • Evaluate a scenario where acceptance by performance is questioned. What factors would determine if valid acceptance occurred?
    • In evaluating a scenario where acceptance by performance is questioned, factors such as clarity of the offer, specific terms outlined, and whether the performance aligns with those terms are critical. For instance, if an offer clearly states that payment will be made upon delivery of goods and the goods are delivered without any objection from the offeror, this usually indicates valid acceptance has occurred. The court would also consider whether any conditions were attached to the acceptance and whether both parties acted consistently with their intentions throughout the process.