BSA 2204 - P1 D

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August 14, 2020

1. Define Acceptance.
Acceptance is the manifestation by the offeree of his assent to all the terms of the
offer. Without acceptance, there can be no meeting of the minds between the
parties. (Article 1305).
2. Give 3 forms of acceptance. Briefly explain each.

An acceptance may be conditional, express, or implied.

Conditional Acceptance - A conditional acceptance, sometimes called a qualified


acceptance, occurs when a person to whom an offer has been made tells the offeror
that he or she is willing to agree to the offer provided that some changes are made
in its terms or that some condition or event occurs. This type of acceptance operates
as a counteroffer. A counteroffer must be accepted by the original offeror before a
contract can be established between the parties.

Another type of conditional acceptance occurs when a drawee promises to pay a


draft upon the fulfillment of a condition, such as a shipment of goods reaching its
destination on the date specified in the contract.

Express Acceptance - An express acceptance occurs when a person clearly and


explicitly agrees to an offer or agrees to pay a draft that is presented for payment.
Examples of expressly accepting a contract include your signature, orally agreeing
to the offer, shaking hands, or even exchanging business cards with the offer and
accepted terms. Express acceptance is the most obvious and leaves no room for
doubt that the offer was accepted.

Implied Acceptance - An implied acceptance is one that is not directly stated but is
demonstrated by any acts indicating a person's assent to the proposed bargain. An
implied acceptance occurs when a shopper selects an item in a supermarket and
pays the cashier for it. The shopper's conduct indicates that he or she has agreed to
the supermarket owner's offer to sell the item for the price stated on it.

Sources:

https://law.freeadvice.com/general_practice/contract_law/kind_acceptance.

https://legal-dictionary.thefreedictionary.com/Types+of+Acceptance

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