Washington Firm Offer for Sales Agreement with Specification of Manner of Acceptance

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Description

The Uniform Commercial Code (UCC) has been adopted in whole or in part by the legislatures of all 50 states. In most instances, the UCC treats all buyers and sellers alike. In some cases, it treats merchants differently than it does the occasional or casual buyer or seller. The UCC recognizes that the merchant is experienced and has a special knowledge of the relevant commercial practices.


Contract law as to offers is applicable to a sales contract, with the following exception. A firm offer by a merchant cannot be revoked if the offer:


" expresses an intention that it will not be revoked,

" is in a writing, and

" is signed by the merchant.


Unless it is expressly specified that an offer to buy or sell goods must be accepted just as made, the offeree may accept an offer and at the same time propose an additional term. This is contrary to general contract law.

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FAQ

The offeror, as the master of the offer, has the power to specify the precise time, place, and manner in which acceptance must be communicated. This is called stipulation. If the offeror stipulates a particular manner of acceptance, the offeree must respond in this way to form a valid acceptance.

Acceptance of an Offer To accept an offer, a person must clearly communicate acceptance of its terms and a willingness to be bound. A person cannot accept an offer that has been revoked. Acceptance can be made orally or in writing, unless the terms of the offer require a specific form of acceptance.

An offer can only be considered valid after it is communicated to the offeree. Communication of offer in contract law is only complete when it is conveyed to the other party and is accepted by them.

Acceptance can be expressly stated in writing or verbally, or implied through action or conduct. In order for acceptance to be valid, certain conditions must be met. These are mutual assent, adequate consideration in a contract, capacity, and legality.

The offeror is the party who makes the offer. The offeree is the person who either accepts or does not accept the offer. So, for there to be an agreement, there must be three things: an offeror, an offeree, and of course, an offer!

Acceptance must be unconditional and absolute. There cannot be conditional acceptance, that would amount to a counteroffer which nullifies the original offer.

Acceptance is typically achieved by performing the act asked for by the offeror, however there is no given way of how to accept an offer. There does not necessarily have to be a handshake to ?seal the deal?. Each case is contextual and depends on the offer and the conduct itself.

Express acceptance is the direct and explicit acceptance of an offer, either in writing or by a verbal agreement. Implied acceptance is the implicit acceptance of an offer through conduct or action.

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Washington Firm Offer for Sales Agreement with Specification of Manner of Acceptance