For a bilateral contract, acceptance may be established by which of the following?

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Prepare for the New York Multistate Bar (MBE) Exam. Study with tailored flashcards and multiple-choice questions, each offering insightful hints and detailed explanations. Boost your confidence and readiness!

Multiple Choice

For a bilateral contract, acceptance may be established by which of the following?

Explanation:
In a bilateral contract, acceptance is usually a promise to perform. But the offer can specify that acceptance may be by performance, in which case starting the requested performance also counts as acceptance. So both starting performance and a promise to complete are valid forms of acceptance when the offer invites performance as the mode of acceptance. Silence by the offeree does not equal acceptance, a rejection ends the offer, and a counteroffer replaces the original offer with a new one.

In a bilateral contract, acceptance is usually a promise to perform. But the offer can specify that acceptance may be by performance, in which case starting the requested performance also counts as acceptance. So both starting performance and a promise to complete are valid forms of acceptance when the offer invites performance as the mode of acceptance.

Silence by the offeree does not equal acceptance, a rejection ends the offer, and a counteroffer replaces the original offer with a new one.

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