Are there different kinds of contract acceptance?
The three kinds of contract acceptance are express, implied, and conditional. Express acceptance might be a verbal agreement; implied might be a situation where you frequently hire the same person to work for you so it becomes expected. Express generally involves a written contract.
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UPDATED: Jun 29, 2022
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UPDATED: Jun 29, 2022
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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There are three types of accepting a contract: express acceptance, implied acceptance, and conditional acceptance. In the world of merchant agreements, formal contracts are sometimes too tedious for a busy schedule. Instead, merchants, contractors, and buyers have developed these types of acceptance of a contract. While all of these methods are valid, it is always best to eventually sign a formal contract to ensure that there is something binding in case of a dispute.
What is express acceptance?
Whether it’s a handshake or signing the contract, under express contract law, express acceptance is exactly as it sounds, you expressly give your consent for the contract. Examples of expressly accepting a contract include your signature, orally agreeing to the offer, shaking hands, or even exchanging business cards with the offer and accepted terms. Express acceptance is the most obvious and leaves no room for doubt that the offer was accepted. If you’re conducting official business of any kind, sign a formal contract.
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What is implied acceptance?
Implied acceptance typically only happens when a report has already been set between you and your customers. Implied acceptance typically does not involve a contract, but rather is oral and action-based in nature.
For instance, if you’ve always hired the same person to paint your house every two years and you stop by their shop and tell them that it’s been two years, they may just simply show up and paint your house, knock on the door, and you pay them. This was implied acceptance of the offer. The customer offered to let the painter paint his house again, and the painter accepted by going over to his house and painting it. Remember that implied acceptance is typically only considered valid if you have a previous history of this type of acceptance already with this person.
What is conditional acceptance?
Conditional acceptance places an expectation on how the offer is accepted. An example of conditional acceptance is placing a time condition on the agreement. For instance, “I accept your offer to buy my TV that I placed on Craigslist, as long as you pick it up within the next hour.” You are placing a condition on the sale. If the person does not come within the next hour, under conditional acceptance, the offer is no longer valid.
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.