The only person who can accept an offer is the person whom the offeror intended to create a power of acceptance.
- Must be in response to an offer
- Offeree must know of the offer at the time of alleged acceptance in order for acceptance to be valid.
- Offeror controls method of acceptance, and can suspend mailbox rule.
- Mailbox rule: an acceptance is effective upon dispatch
- Unilateral contract: offer is accepted by full performance
- If it is unclear whether acceptance is to occur through promise or performance, both may be acceptable.
- Acceptance by Silence Exceptions:
- If offeror has given offeree reason to understand that silence=acceptance, and offeree subjectively intends to be bound
- If offeree accepts benefit of services IF had reasonable opportunity to reject services AND knew or should have known that the provider expected to be compensated
- If prior course of dealing makes it reasonable that silence could be construed as acceptance
- If offeree receives goods and keeps them (dominion)