Contracts and Sales Multistate Bar Practice Exam

What condition can lead to a conditional acceptance being treated as a rejection?

1. If new terms are proposed without counteroffer

2. If accepted through any method other than performance

3. If acceptance happens after a lapse of time

4. If the offer includes a deadline for acceptance

The correct answer is: If accepted through any method other than performance

A conditional acceptance occurs when the offeree agrees to the terms of the offer but adds new conditions or terms that were not included in the original offer. This action typically constitutes a counteroffer rather than an acceptance. The correct condition that leads to a conditional acceptance being treated as a rejection is when acceptance is communicated through a method that does not align with the terms of the offer, which would suggest that the acceptance is not effective. In this context, the incorrect options can be understood as follows: - Proposing new terms without a counteroffer means an offeree may not clearly communicate an acceptance, but if they still indicate a desire to move forward, it may still be viewed as negotiation rather than outright rejection. - Acceptance after a lapse of time will often depend on the specifics of the offer and the nature of the expiration; it does not inherently lead to rejection unless the offer explicitly states time-sensitive conditions that have not been met. - If the offer includes a deadline for acceptance, not adhering to that deadline could also imply rejection, but the choice does not directly connect to the nature of conditional acceptance shifting to rejection as clearly as indicating an improper method of acceptance would. Thus, indicating that acceptance must adhere to the specified methods and conditions set by the offeror