Posted on by Judy

The offeror can state how the offeree must accept the offer. If the offeror specifies how the offer must be accepted, then the offeree must accept in the manner specified. If no manner of acceptance is stated, then under the Uniform Commercial Code, the offeree can accept in any reasonable way. True False

The Answer is True. Under the Manner of acceptance , if the offer not mentions the specific type of acceptance, then the offeree may accept in any of the reasonable way or manner.
 
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  1. The Mirror Image rule provides that: The acceptance must mirror the offer. The acceptance cannot contain different terms than the offer. When reciting the offer and acceptance, the offeror and offeree must look at each other in the mirror to be valid. The acceptance is valid upon dispatch. Consideration must be exchanged.
  2. 1. On May 1,2002, Marek recieved a telegram from Sergei offering to support him in his new construction project. On May 5, 2002, at 9:00 am, Sergei sends Marek a telegram attempting to revoke the offer. At 11:00 am on the sameday, Marek mails Sergei a letter attempting to accept the offer. At 11:30 am, Marek recieves Sergei’s revocation. Assume Marek and Sergei are both construction contractors and the custom in the construction buisness is to offer by telegram and accept by mail. Which of the following statements holds true in this situation? A. Sergei’s revaction can make changes to the contract, though it reaches Marek after he sends the acceptance mail. B. Marek’s acceptance would be effective only when Sergei reads the acceptance, which would the create the contract. C. THe parties would have a contract because Marek used the means of communication impliedly authorized by trade usage. D. The parties would not have a contract as Marek used a nonauthorized means of communicating his acceptance. 2. Which of the following is true about the “Battle of the forms” of the Uniform Commercial Code? A. Timely expression of acceptances creates a contract even if it states additional terms on points the offer did not address. B. Timely expression of acceptances creates a contract only if it includes terms that are identical to those stated in the offer. C. If one of those parties is a merchant, the additional terms in the offeree’s form are included in the agreement. D. A contract is created when the attempted acceptance is expressly conditional on the offeror’s agreement to the terms of the acceptance.
  3. Which of the following choices states all of the requirements of a firm offer? The offer is contained within a signed writing. The offer is exchanged with another merchant. The offer must be accepted within 30 days. The offer is contained within a signed writing made by a merchant and the offeror gives reasonable assurances that the offer will remain open. The offer is stated by a merchant and is approved by the court.
  4. The Mirror Image rule provides that: The acceptance must mirror the offer. The acceptance cannot contain different terms than the offer. When reciting the offer and acceptance, the offeror and offeree must look at each other in the mirror to be valid. The acceptance is valid upon dispatch. Consideration must be exchanged.