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These rules might require, for instance, that conflicting terms in the offer and acceptance are "knocked out" and replaced by default language provided in the Code. [31] An acceptance is only contractually valid if the proposal to which response is made is an offer capable of acceptance.
An offeree exercises the power of acceptance in order to trigger the offeror's obligation of performance with reference to the terms of the offer. Disputes may arise as to whether the power of acceptance is valid at the time the acceptance is made, therefore challenging the very existence of the contract. [2]
An acceptance is an agreement, by express act or implied from conduct, to the terms of an offer, including the prescribed manner of acceptance, so that an enforceable contract is formed. [ 2 ] In what is known as a battle of the forms , when the process of offer and acceptance is not followed, it is still possible to have an enforceable ...
In Korea, as in much of the world, the offer must be a specific and detailed expression of the offer. Acceptance of the offer, without modifications or caveats is deemed an acceptance of the contract and, thus, a valid and enforceable contract between the parties. [218]
But to be a valid rule, the legal system of which the rule is a component must, as a whole, be effective. According to Hart, any rule that complies with the rule of recognition is a valid legal rule. For example, if the rule of recognition were "what Professor X says is law", then any rule that Professor X spoke would be a valid legal rule.
Acceptance must be given within a reasonable time before the offer lapses. If any time limit is specified, the acceptance must be given within the time, if no time limit is specified it must be given within a reasonable time. It cannot precede an offer. If the acceptance precedes an offer it is not a valid acceptance and does not result in ...
An interesting implication of the operation of the posting rule is that an acceptance is complete once the letter of acceptance is posted; it makes no difference whether the offeror actually receives the letter. This was demonstrated in Byrne v Van Tienhoven (1880) 5 CPD 344. If a letter of acceptance were to be lost, acceptance has still taken ...
Acceptance is a core element of acceptance and commitment therapy (ACT) and cognitive behavioral therapy (CBT). In this context, acceptance is a process that involves actively contacting psychological internal experiences (emotions, sensations, urges, flashbacks, and other private events) directly, fully, without reacting or becoming defensive.