First Principles of Business Law

Making a contract
4. The third essential element of formation: Sufficient agreement

4.12. Acceptance by performing an act

 

 

 

Read the facts and the question and then choose the best answer.

A, publishes an advertisement saying: "I will pay $1,000 to anyone who buys and eats my low-fat meals for a month, follows my diet and doesn't lose at least 25 kilos over four weeks."

B, buys and eats the meals, follows the diet and loses only 15 kilos in weight over four weeks. He says to A: "I want you to pay me the $1,000."

Has B validly accepted A's offer?

 

(a) Yes, B has accepted A's offer by conduct: that is, by performing the acts required by A.

(b) No, if B wanted to accept A's offer, he should have contacted A and told him so.

 

 

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