M Civ JI 142.13 Acceptance

Acceptance is a statement or conduct by a person receiving an offer that would reasonably lead the person who made the offer to believe that the material terms of the offer have been agreed to [ although an offer may require a specific form of acceptance ]. A response that changes, adds to, or qualifies the material terms of the offer is not an acceptance. A material term is one that goes to the essence of the agreement.

Comment

Ludowici-Celadon Co v McKinley, 307 Mich 149 (1943); Pakideh v Franklin Commercial Mortgage Group, 213 Mich App 636 (1995); Rood v General Dynamics Corp, 444 Mich 107 (1993); Harper Building Co v Kaplan, 332 Mich 651 (1952).

History

M Civ JI 142.13 was added March 2005.