Also known as:mediums of acceptance · media of acceptance · mode of acceptance · means of acceptance
Written by attorneys · grounded in primary & secondary sources — see below
A channel or method by which an acceptance is transmitted to the offeror. The offeror may specify a particular medium or leave the choice to any reasonable means under the circumstances.
Sources & Authorities
How it applies
Common Examples
2
Shipment Without Timely Notice
Maurice Marshall offered to buy custom parts from Monica Morgan if she began production promptly. Monica started manufacturing the parts but sent no email, letter, or other communication confirming acceptance within a reasonable time. Maurice treated the offer as lapsed and purchased from another supplier.
Written Acknowledgment as Medium
Mosaic Retail sent a purchase order to Mercury Industries for fabric. Mercury replied with a written acknowledgment containing additional terms and shipped the goods. The acknowledgment served as the medium transmitting acceptance even though it arrived after performance had begun.
Put it into practice
Test Yourself
10
Practice Questions5
· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Study Supplements
Dorton v. Collins & Aikman Corp.453 F.2d 1161
Common questions
Frequently Asked
4
How does medium of acceptance differ from manner of acceptance?+
Manner of acceptance concerns whether the offeree accepts by promise or by performance. Medium of acceptance concerns the channel used to communicate that acceptance, such as mail, email, or fax.
Supporting sources
What happens if an offeror receives no notice of acceptance by performance within a reasonable time?+
The offeror may treat the offer as having lapsed before acceptance occurred.
Supporting sources
Can an offeror limit the medium of acceptance to a single channel?+
Yes. The offeror may dictate a specific medium, and acceptance must then occur through that channel unless the language or circumstances indicate otherwise.
Supporting sources
Does beginning performance always constitute acceptance by a reasonable medium?+
Beginning performance is a reasonable mode of acceptance when the offer invites it, but the offeree must still notify the offeror within a reasonable time or risk the offer being treated as lapsed.
Supporting sources
ContractsFormation of contracts · Mutual assent (including offer and acceptance, and unilateral, bilateral, and implied-in-fact contracts)UBEFoundational