Acceptance by Performance Clause Samples

Acceptance by Performance. In forming a unilateral contract, the offeror is seeking an act, and not a promise to perform. Therefore, if the offer seeks acceptance by performance and not a return promise, then a contract can be formed only by performing the requested performance. The offer is not accepted until performance is completed; moreover, there is no contract and legal liability does not attach until the offeree has fully performed.28 For example, suppose Carly says to Ashley, “I must have lost my watch. I will give you $100 if you find it.” Carly does not want Ashley to promise to find her watch. Carly wants her watch. Ashley can accept this offer only by finding the watch and returning it to Carly. Carly is then required to pay Ashley the $100. The offeree need not give notice of an intent to perform, but must render the performance for an effective acceptance.29 However, if the offeree who accepts by performance has reason to know that the offeror will not learn of the acceptance within a reasonable time, then the offeree has a duty to exercise reasonable diligence to notify the offeror of acceptance.30 Generally, an acceptance takes effect when it is communicated to the offeror and it is not difficult to determine when this has occurred if the parties are in each other’s presence or otherwise in instantaneous communication by phone or electronic means. However, when parties are not in instantaneous communication, i.e., corresponding by mail, there is a delay between the sending and receipt of acceptance. Often, it is critical to determine which of these two times constitutes the legally effective acceptance: is it the time of dispatch or that of receipt?

Acceptance by Performance. Notwithstanding anything to the contrary in this Article, Grantee will be deemed to have accepted the fully constructed Grantee Fiber if Grantee (or any of its Affiliates or representatives with its knowledge) substantially uses any of the fully constructed Grantee Fiber for the purpose of delivering communications traffic (other than traffic that is transmitted solely for the purpose of testing the performance of the Grantee Fibers), in which case Grantee will be deemed to have accepted the fully constructed Grantee Fiber as of the first date of such use.

Acceptance by Performance. If an offeree accepts by performance, the offeree must (all elements) i) Promise to render complete performance ii) Give Notice of Performance 1) UCC – Notice required within reasonable time 2) Restatement – Notice required if offeror unaware of performance Consideration

Acceptance by Performance. Performance of any work by carrier pursuant to this Agreement shall constitute an acceptance of the terms of this Agreement, regardless of whether or not Carrier has signed a copy of this Agreement.

Acceptance by Performance. Does the offer invite acceptance by performance and no promise is invited?

Acceptance by Performance. Does the offer invite acceptance by performance? If the offer invites acceptance by providing a performance, then no notification is necessary to make it effective unless one of the following is applicable. Ask: i. Does the offer request a notification? If so, notification is necessary for a valid acceptance. R2d § 54(1). ii. Does the offeree have reason to know that the offeror will not learn of the acceptance with “reasonable promptness and certainty” without notice? If so, the offeror’s duty will be discharged unless: R2d § 54(2). • The offeree exercises reasonable diligence to notify the offeror, or • The offeror learns of the performance within a reasonable time, or 46 • The offer indicates that notification of acceptance is not required.