ACCEPTANCE BY PROMISE Sample Clauses

ACCEPTANCE BY PROMISE. An offer of a promise or an act may be accepted by giving a promise and the other accepts by promising to so pay according to the conditions of the offer. Such need not be by words but may be inferred from the acts of the parties, as by one or both acting on it as though it were a completed agreement (De Xxxx, 521).
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ACCEPTANCE BY PROMISE. Generally, the offeror seeks a commitment from the offeree in the form of a return promise in advance of performance. Under 27 the objective theory, the offeree’s subjective intent is irrelevant and what matters is whether the offeree’s conduct gives the offeror reason to believe that the offer has been accepted. The language or conduct sufficient for acceptance by promise depends on the circumstances but there are three general requirements. First, the promise must be an expression of commitment. It cannot merely acknowledge receipt of the offer but must indicate an intent to be bound. Second, the commitment must be unconditional and not require any further action on the part of either the offeror or offeree. Finally, the return promise must not vary the terms of the offer. For this reason, a valid acceptance is said to be the “mirror image” of the offer. If the acceptance contains terms that are different from those of the offer, then it is not an acceptance but a rejection or counter-offer. Notice of acceptance is generally required if the offeree accepts an offer by a return promise. The offeree must take appropriate steps to let the offeror know that the offer has been accepted. If an offer is accepted by “any medium reasonable” in the circumstances, it is effective when it is put out of the possession of the offeree.26 It is sufficient for the offeree to exercise reasonable care to let the offeror know of acceptance, even if the offeror never actually learns of it.27
Sample 1
ACCEPTANCE BY PROMISE. Does the offer invite acceptance by a return promise? If so, then ask if the following have been met to determine whether there has been a valid acceptance by a promise:
Sample 1
ACCEPTANCE BY PROMISE. Does the offer invite acceptance by promise?
Sample 1

Related to ACCEPTANCE BY PROMISE

  • Acceptance by Recipient This Agreement must be signed by the Chief Executive Officer of the Recipient and returned to, and received by, the OPWC within forty-five (45) days of the date written on the first page of this Agreement. Failure of the Recipient to return a fully executed copy of this Agreement to the OPWC within the forty-five (45) day limit will result in this Agreement being declared null and void. However, upon the Recipient presenting the Director with a written explanation of the need to extend this forty-five (45) day limit, the Director, in his sole discretion, may extend the forty-five (45) day limit.

  • Acceptance of Agreement This Agreement shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

  • Acceptance of the Agreement The Group accepts this Agreement by execution of this Agreement. Member accepts the terms, conditions and provisions of this Agreement upon completion and execution of the enrollment form. Acceptance by any of these methods shall render all terms and provisions of this Agreement binding on Oscar, the Group, and Members.

  • Acceptance of the Terms of Use These terms of use are entered into by and between You and InterPayments Inc ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of xxx.xxxxxxxxxxxxx.xxx, including any content, functionality, and services offered on or through xxx.xxxxxxxxxxxxx.xxx (the "Website"), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

  • Acceptance by the City It is expressly understood and agreed that all materials provided and/or work done by the Contractor shall be subject to inspection and acceptance by the City at its discretion, and that any progress inspections and approval by the City of any item or work shall not forfeit the right of the City to require the correction of faulty workmanship or material at any time during the course of the work, although previously approved by oversight. Nothing herein contained shall relieve the Contractor of the responsibility for proper construction and maintenance of the work, materials and equipment required under the terms of this Contract until all work has been completed and accepted by the City.

  • Acceptance or Rejection (a) The undersigned understands and agrees that the Company reserves the right to reject this subscription for the Shares if, in its reasonable judgment, it deems such action in the best interest of the Company, at any time prior to the Closing, notwithstanding prior receipt by the undersigned of notice of acceptance of the undersigned's subscription.

  • Acceptance of Rent 7.1 Acceptance of Rent by the Landlord or the Landlord’s Agent shall be at all times without prejudice to and shall not be a waiver of the rights and remedies of the Landlord in respect of any breach of the Tenant’s agreements of stipulations contained in this Agreement; and any Rent paid by any third party will be accepted from that person as the agent of the Tenant only and will not confer on the third party any rights as the Tenant.

  • Acceptance of Contract This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

  • Acceptance/Payment Unless otherwise agreed to in writing by County, 1) acceptance shall not be deemed complete unless in writing and until all the goods/services have actually been received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after satisfactory acceptance.

  • ASSISTANCE BY HIRE Fire suppression resources and associated support resources needed to fill the incident order that are to be paid for by the Protecting Party. Terms of the agreement establish the reimbursement rates.

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