LAW 505-002 – Contracts I

Restatement Second of Contracts § 54


Acceptance by Performance; Necessity of Notification to Offeror

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  1. Where an offer invites an offeree to accept by rendering a performance, no notification is necessary to make such an acceptance effective unless the offer requests such a notification.
  2. If an offeree who accepts by rendering a performance has reason to know that the offeror has no adequate means of learning of the performance with reasonable promptness and certainty, the contractual duty of the offeror is discharged unless
    1. the offeree exercises reasonable diligence to notify the offeror of acceptance, or
    2. the offeror learns of the performance within a reasonable time, or
    3. the offer indicates that notification of acceptance is not required.