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How can an offeree reject an offer?

Bar Exam Prep Contracts Contract Formation How can an offeree reject an offer?
🤔 Contracts • Contract Formation K#026

Legal Definition

An offeree can reject an offer directly by words or conduct, or indirectly via (1) a counteroffer, (2) a conditional acceptance, or (3) adding additional terms (which is rejection, under common law).

Plain English Explanation

Someone who receives an offer (an "offeree") can reject the offer via many different ways. Some of them are explicit, like saying, "No." But it can also be implicit by body language, like shaking your head indicating "No," or even, more drastically, if someone says, "I'll sell you avocado toast for $25," and your response is giving them the finger, your conduct is arguably indicative of being a rejection. Beyond that, there are specific types of rejections that will be covered in other cards, but, generally speaking, you should know that anything other than acceptance is usually a rejection. In other words, "I accept, but..." or "How about this instead..." etc. are all forms of legal rejection.

Visual Aids

How can an offeree reject an offer?

Related Concepts

Are offers assignable? Are pre-existing duties valid consideration? Can partial payment of a debt be consideration for release of that debt? How do courts assess the adequacy of consideration? How may an offer be revoked? Though offers can generally be freely revoked, what are the 4 exceptions? Under battle of the forms, what happens to additional or different terms in an acceptance when at least one of the parties is a non-merchant? Under battle of the forms, what happens to additional terms in an acceptance between two merchants? Under battle of the forms, what happens to different terms in an acceptance between two merchants? What are consideration substitutes? What are illusory promises and how do they affect a contract? What are requirement and output contracts? What are the methods of terminating an offer? What are the requirements of an offer? What are the UCC Gap Fillers? What is acceptance? What is a contract? What is a merchant's firm offer? What is an option contract? What is consideration? What is detrimental reliance? What is promissory estoppel? What is required to form a valid, binding contract? What is the effect of a conditional acceptance on an offer? What is the effect of a contract that contains vague or ambiguous terms? What is the effect of a contract that is missing price terms? What is the effect of a contract that is missing quantity terms? What is the effect of a counteroffer on an offer? What is the effect of a lapse of time on an offer? What is the effect of an offeree beginning to perform in response to an offer? What is the effect of a seller sending non-conforming goods? What is the effect of including additional or different terms to an offer? What is the effect of part performance of a unilateral contract? What is the effect of the death of a party prior to acceptance of an offer? What is the Mailbox Rule and when does it apply? When are advertisements valid offers? When are price quotes valid offers? When is past or moral consideration valid? Who controls the method of acceptance, and what are the typical ways that an offer is accepted?
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