How to Analyze Acceptance & The Mailbox Rule on a Contracts Essay
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How to Analyze Acceptance & The Mailbox Rule on a Contracts Essay
CONTRACT FORMATION
A traditional, enforceable contract is formed when there is: (1) mutual assent between the parties; and (2) adequate consideration.
MUTUAL ASSENT
Mutual assent between the parties is present when there is a valid offer and acceptance.
ACCEPTANCE OF THE OFFER
To accept the offer, the offeree must: (1) manifest an objective willingness to enter into the agreement; (2) accept the offer according to the rules established by the offeror who is master of the offer; and (3) have a power of acceptance.
(1) Objective Willingness
Acceptance of the offer is governed by an objective test, which means that outward appearances of words and actions are determinative - not hidden intentions (e.g., a person accepts an offer with his fingers crossed behind his back).
(2) "Master of the Offer"
The offeree must accept the offer according to the terms and conditions established by the offeror (e.g., offeror can require offeree to accept by sending a signed writing within a certain time period).
A unilateral offer arises from a promise that requests acceptance by an action or performance, as opposed to a bilateral offer, which arises from a promise that requests acceptance by a return promise.
For bilateral offers, the start of performance manifests acceptance.
For unilateral offers, the start of performance makes the offer irrevocable - the offer is only accepted once performance is complete.
(3) Power of Acceptance
To form a valid offer, the offeror must create a power of acceptance in the offeree.
The offeror creates a power of acceptance when the offeree can simply say, âI acceptâ and know that he has concluded the deal.
Generally, an offer must be directed to a specific offeree. However, there is a limited exception for contest offers and reward offers that promise something to anyone who accomplishes a certain task (e.g., posted sign offers a cash reward for finding lost puppy).
The offeror must have conferred the power of acceptance to the offeree in order for the offeree to accept the offer. To accept a contest or reward offer, the offeree must be aware that the contest or reward offer exists.
THE MAILBOX RULE
If an offer is terminated at any time before acceptance, the offer is invalidated. It cannot be accepted or revived unless a new offer is made.
Under the mailbox rule, an acceptance that is sent by mail is generally valid when the letter is sent - not when the letter is received. However, the mailbox does not apply to irrevocable offers (e.g., option contracts) or in situations where the offeree sends another communication that terminates or alters the offer first.
The mailbox rules ONLY applies to ACCEPTANCE letters sent by mail. The mailbox rules does NOT apply to any other type of letter sent by mail (e.g., revocation, rejection, or counteroffer letters).
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![Contract Law: Acceptance of the Offer & the Mailbox Rule [LEAP Preview]](http://i.ytimg.com/vi/GQ0VfUU3U9s/mqdefault.jpg)
![Contract Law: Acceptance of the Offer & the Mailbox Rule [LEAP Preview]](/img/tr.png)
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These videos are amazing! So clear and easy to follow. One other thing about the mailbox rule, which was kind of covered in the "Power of Acceptance" portion. The Mailbox Rule also wouldn't apply when the offeror has explicitly stated another method as a valid form of acceptance, such as by saying, "you can accept this offer by email."
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what if you revoke by a phone call first and then send in acceptance letter does the mailbox rule apply?
Is there a link to your source on the mailbox rule exceptions?
any videos regarding operative expressions of assent under the statue of frauds?
Question for you if you wouldn't mind clarifying something...you mentioned that there are two exceptions as to when the Mailbox Rule would constitute a valid acceptance: 1) if the offer was irrevocable or 2) if the offeree sends a termination before an acceptance. If the offeror is the master of the offer, what if the offeror expressly prohibits mailing an acceptance letter as a valid form of acceptance? That would not be a valid acceptance, right?
Does this include your home mailbox? Say someone makes me an offer, then two days later revokes it. I could claim I put the acceptance in my mailbox earlier than it was revoked.
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How does the mail box rule apply to an email offer?
What about acceptance by silence
How does the mailbox rule apply to private sale offers on front porch forum or Facebook? I mean, I could receive on offer of a car for sale - no method of acceptance indicated - in a FPF email and unbeknownst to the offeror, I immediately run across the parking lot to the post office and get a stamped certificate of mailing of my acceptance. Only five minutes have passed. Two minutes later, someone else calls the offeror, accepts the offer, runs across the street to the neighbor, PayPalâs him the money, and drives the car away. He receives my mailed acceptance the next day. Do I have any rights?
Disclaimer- NOT A LAWYER. Just taking a stab at answering your question based on the video... A post on facebook of a car for sale is an ad. It's not an offer, it's an invitation for interested parties to make offers to buy. The same would go for email invites to purchase the car. You know, the ones where they plug in your name and send the same letter to each person- that says "Dear XXX, I'm reaching out to see if you'd be interested in buying..." they're mass mailing that to multiple buyers as a way to encourage buyers to make offers to buy. If multiple buyers hit their door at the same time with cash in hand, all buyers are making an offer to buy- which gives the seller the power to accept (and now they're the offeree!). I hope that helps. It can get a little murky!
Is the mailbox rule valid under common law and U.C.C.? or just one?
The mailbox rule is a common law rule that was adopted by the UCC. Thus, on a contracts essay, you would apply the mailbox rule under both the common law and UCC.
Oh good u just saved me - but how do I distinguish the law for the state v mbe for all other 5909 subjects
Please comment on my hypo:
I.E.: MAIL BOX RULE: A sends B an offer in the mail to sell his car for $5,000. B receives the mail and decides to send A back a counteroffer for $4,250. B goes to the post office and sends A a counteroffer for $4,250 in regular mail. B walks to his car in the parking lot and see a similar car to what A was selling for $7,000 and decides to accept A offer. B rushes back and sends an overnight mail to A accepting his offer for $5,000. While waiting for Bâs response, A gets an offer from Carvana for $6,000. A is a 1L student and knows Bishop taught him well. So, he waits to receives Bâs response before accepting Carvanaâs offer. A receives B's acceptance via express mail first. Then, later in the day, he receives Bâs counteroffer. A wants to argue that there was no K. What would A & B argue respectively?
My analysis is as follows:
I do think that B would have a much more solid of argument based on the facts. I would think Aâs best argument would turn on âreceive.â In other words, by âreceiveâ does the mailbox rule mean physically receive the mail or the acknowledgement of the news within the mail itself.
Depending on the meaning of âreceive,â A could argue the latter and have a decent case. Moreover, if I was Aâs attorney, I would use the timing of when B sent the mail to help make a reasonable inference that someone in Aâs position (with his decent understanding of the mailbox rule from professor Bishops class) would look to the timing of when the mail was sent and then open them accordingly. Thus, while A did receive the express mail before the regular mail, that does not mean that A âreceivedâ (the content of the mail) the acceptance to the offer before the counteroffer.
Is the mailbox rule CL or UCC why am I so confused on this
No worries! The mailbox rule is a common law rule that was adopted by the UCC (it applies to both). I actually updated this video here: czcams.com/video/GQ0VfUU3U9s/video.html (might be more helpful).
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