Law 5110 Study Guide - Quiz Guide: Pacta Sunt Servanda, Posting Rule, Quid Pro Quo
Document Summary
There is no specific requirement the acceptance must meet as long as it makes clear that the terms of the offer are accepted. Normally the acceptance should use the same way as the offer. Sometimes an offer specifies the mean of acceptance. In that case the specified mean has to followed, unless another mean of communication would be faster or achieve the same purpose. Silence however does not count as a valid acceptance. Acceptance through certain behaviour is accepted if the other party could reasonably conclude acceptance from the behaviour. Under german/dutch law, the contract is concluded the moment the acceptance reaches the offeror. In french law the question of conclusion of the contract is decided by the lower courts. In english law there is a distinction between instantaneous and non-instantaneous communication: In the first case the contract is concluded the moment the acceptance reaches the offeror.
