Acceptance
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Issue
I: The issue is whether the government’s search was unreasonable (i.e., a Forth Amendment search).
Analysis
R: Acceptance occurs when the offeree makes (1) an objective manifestation to be bound by (2) the terms of the offer. Acceptance may occur through a return promise (bilateral contract) or by performance (unilateral contract).
1. Objective Manifestation
R: If the offer was for (1) a bilateral contract, the offeree’s objective manifestation of acceptance is a promise to perform. Mutual promises create binding obligations on both parties at the moment of acceptance. If the offer was for (2) a unilateral contract, the offeree’s objective manifestation of acceptance is complete performance of the requested act. However, partial performance makes the offer irrevocable for a reasonable time to allow the offeree to complete performance.
A: Here, [apply rule to facts].
C: Therefore, the offeree [made/did not make] an objective manifestation to be bound.
2. Terms
a. Common Law (Mirror Image Rule)
Under common law, the offeree’s acceptance must mirror the terms of the offer. Any variation from the terms in the acceptance constitutes a rejection and a counteroffer.
A: Here, [apply rule to facts].
C: Therefore, the offeree [accepted/did not accept] the terms of the offer under common law.
b. UCC: One or Both Parties are Not Merchants
R: Under the UCC, when one or both parties are not merchants, an offeree’s definite and seasonable expression of acceptance sent within a reasonable time constitutes valid acceptance, even if it includes new or additional terms. However, these new or different terms are treated as proposals for addition to the contract, requiring the offeror’s separate assent. Alternatively, if the offeree’s acceptance is expressly conditioned on the offeror’s assent to the new terms, it is considered a counteroffer rather than an acceptance.
A: Here, [apply rule to facts].
C: Therefore, the offeree [accepted/did not accept] the terms of the offer.
c. UCC: Both Parties are Merchants ("Battle of the Forms")
R: Under the UCC, if both parties are merchants, an offeree’s acceptance with new or additional terms is generally valid, and those terms become part of the contract unless: (1) the new terms materially alter the offer, (2) the offeror expressly limits acceptance to the original terms of the offer, or (3) the offeror objects to the new terms within a reasonable time. If any of these exceptions apply, the original terms of the offer control.
A: Here, [apply rule to facts].
C: Therefore, the offeree [accepted/did not accept] the terms of the offer.
d. UCC: Acceptance Based on Conduct
R: Under UCC, if the writings of the parties differ too much to establish a contract but the parties still proceed with performance, a contract may be formed based on their conduct. In such cases, the contract consists of (1) the terms agreed upon in the writings, and (2) any supplementary terms will be filled in by the UCC.
A: Here, [apply rule to facts].
C: Therefore, the conduct of the parties [did/did not] form a contract.
Conclusion
C: Therefore, the valid offer [was/was not] accepted.
(The following topics may be incorporated into the above template, or discussed here. Either placement will earn points.)
Mailbox Rule
(Usually applies to bilateral contracts.)
R: Under the mailbox rule, an acceptance is effective when it is dispatched, not when it is received, provided the offer does not specify otherwise. However, if the offeree sends both an acceptance and a rejection, the rule changes depending on the order of communications: (1) If acceptance is sent first and rejection follows, the acceptance controls unless the offeror has relied on the rejection. (2) If rejection is sent first and acceptance follows, the first communication to be received by the offeror controls.
A: Here, [apply rules to facts].
C: Therefore, the acceptance [was/was not] valid under the mailbox rule.
Notice of Acceptance
(Usually applies to unilateral contracts.)
R: In unilateral contracts, the offeree is not required to give notice of acceptance unless: (1) the offeror would not learn of the performance with reasonable certainty and promptness, or (2) the offer explicitly requires notice. If notice is required and not provided, the offeror’s duty to perform may be discharged.
A: Here, [apple rule to facts].
C: Therefore, the acceptance [was/was not] valid.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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