LAW 505-002 – Contracts I

Restatement Second of Contracts § 45


Option Contract Created by Part Performance or Tender

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  1. Where an offer invites an offeree to accept by rendering a performance and does not invite a promissory acceptance, an option contract is created when the offeree tenders or begins the invited performance or tenders a beginning of it.
  2. The offeror's duty of performance under any option contract so created is conditional on completion or tender of the invited performance in accordance with the terms of the offer.