LAW 505-002 – Contracts I

Restatement Second of Contracts § 62


Effect of Performance by Offeree Where Offer Invites Either Performance or Promise

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  1. Where an offer invites an offeree to choose between acceptance by promise and acceptance by performance, the tender or beginning of the invited performance or a tender of a beginning of it is an acceptance by performance.
  2. Such an acceptance operates as a promise to render complete performance.