Contracts and Sales Multistate Bar Practice Exam

What defines an acceptance in contract law?

1. Submission of a counteroffer

2. A unilateral statement indicating disinterest

3. Manifestation of assent to the terms of an offer

4. A silence in response to the offer

The correct answer is: Manifestation of assent to the terms of an offer

In contract law, acceptance is defined as a manifestation of assent to the terms of an offer. This means that for an acceptance to be valid, the offeree must clearly indicate their agreement to the terms proposed by the offeror. The acceptance must typically mirror the terms of the offer; any significant deviation may be considered a counteroffer rather than acceptance. This concept is fundamental because it establishes the mutual agreement necessary to form a binding contract. A clear and unequivocal acceptance signifies that both parties are on the same page regarding the contract's terms, thereby fostering the binding nature of their agreement. In contrast, other options fail to represent true acceptance. Offering a counteroffer indicates a rejection of the original offer rather than acceptance. A unilateral statement indicating disinterest does not communicate agreement with the offer's terms and therefore cannot constitute acceptance. Additionally, silence in response to an offer generally does not imply acceptance unless there is a prior relationship or agreement that dictates otherwise. Thus, the only choice that accurately captures the essence of acceptance in contract law is the one focused on a clear manifestation of assent to the terms presented in the offer.