What is Required of an
Acceptance?
“Copyright and Terms of Service
Copyright © Texas Education Agency. The materials found on this website are copyrighted © and trademarked ™ as
the property of the Texas Education Agency and may not be reproduced without the express written permission of the
Texas Education Agency, except under the following conditions:
1)Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the
Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from the
Texas Education Agency;
2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual
personal use only without obtaining written permission of the Texas Education Agency;
3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any
way;
4) No monetary charge can be made for the reproduced materials or any document containing them; however, a
reasonable charge to cover only the cost of reproduction and distribution may be charged.
Private entities or persons located in Texas that are not Texas public school districts or Texas charter schools or any
entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain
written approval from the Texas Education Agency and will be required to enter into a license agreement that may
involve the payment of a licensing fee or a royalty fee.
Call TEA Copyrights with any questions you have.
Texas Education Agency, Copyright © 2012. All rights reserved
Acceptance Must
Match the Offer
Mirror Image Rule –
acceptance must
exactly match the
terms contained in
the offer.
Texas Education Agency, Copyright © 2012. All rights reserved
3
UCC-Acceptance of an Offer
for a Contract
Contract for a sale of goods can be valid
even if it does include new or conflicting
terms.
– If a party is a consumer, not a merchant,
then the new or changed terms are mere
proposals and not a part of the contract
unless agreed to by the original offerer.
Texas Education Agency, Copyright © 2012. All rights reserved
4
UCC-Acceptance of an Offer
for a Contract
 Contract for a sale of
goods can be valid even
if it does include new or
conflicting terms.
– If both parties are
merchants, the new or
changed terms are not
an objection, if the
terms are material.
Texas Education Agency, Copyright © 2012. All rights reserved
5
UCC-Acceptance of an Offer
for a Contract
Contract for a sale of goods can be valid
even if it does include new or conflicting
terms.
– If the parties are merchants, the new or
changed terms are part of the contract if the
original offerer is silent and the terms are
minor (not material).
Texas Education Agency, Copyright © 2012. All rights reserved
6
Acceptance Must Be
Communicated to the Offeree
Silence
will not work
as
acceptance.
Texas Education Agency, Copyright © 2012. All rights reserved
7
Acceptance Must Be
Communicated to the Offeree
Bilateral
acceptance
requires that
the offeree
accepts by
communicating
the requested
promise to the
offerer.
Texas Education Agency, Copyright © 2012. All rights reserved
8
Acceptance Must Be
Communicated to the Offeree
Unilateral acceptance occurs when the
offerer promises something in return for
the offeree’s performance and indicates
that this performance is the way
acceptance is to be made.
Texas Education Agency, Copyright © 2012. All rights reserved
9
Modes of Contractual
Communication
•
•
•
•
•
•
•
in person
by telephone
through text messaging
through the mail
by delivery service
through e-mail
through FAX
Texas Education Agency, Copyright © 2012. All rights reserved
10
When Acceptances are
Effective
according to required means of
acceptance by the offerer
next day delivery
when no specified or customary method
for communicating acceptance is statedacceptance is effective when sent by the
same means used for the offer or by
faster means
Texas Education Agency, Copyright © 2012. All rights reserved
11
When Acceptances are
Effective
Oral acceptances occur
when words are spoken
Telegraph when it is
handed to the clerk
at the telegraph office
Texas Education Agency, Copyright © 2012. All rights reserved
12
Assignments
Independent Practice Assignments
1. Bilateral vs. Unilateral Agreement Poster: Ask students to
design a poster that shows pictures and explanations for four
bilateral agreements and four unilateral agreements. This project
will be evaluated using the associated rubric.
2. Creating the Legal Case Flash Card Game: Split the class
into teams with two members. Each team must design a collage
with an activity that involves an agreement. When the teams show
their flash card to the class, students must state if the agreement is
unilateral or bilateral. Students must also state what is involved in
the agreement and if the agreement should be in writing. All
answers must include specific explanations. This project will be
evaluated using the associated rubric.
Texas Education Agency, Copyright © 2012. All rights reserved
13