R2d § 36
Methods of Termination of the Power of Acceptance
An offeree's power of acceptance may be terminated by (a) rejection or counter-offer by the offeree, or (b) lapse of time, or (c) revocation by the offeror, or (d) death or incapacity of the offeror or offeree.
Professor's notes
Elements (catalog): the power of acceptance ends by (a) rejection or counteroffer (§§ 38–39); (b) lapse of time (§ 41); (c) revocation (§§ 42–43); (d) death or incapacity (§ 48).
Smaligo v. Fireman's Fund operationalizes (a): settlement offer terminated by conduct inconsistent with acceptance.
Common misunderstanding: students think offers stay open until accepted. They do not. Every offer is fragile by default; the irrevocable offer (option, firm offer, § 45 part-performance) is the exception. Frame § 36 as the death list for offers; § 87 and UCC § 2-205 are the life-support exceptions.
Cases that operationalize this rule
Section 36 catalogues the four ways an offer dies before it can be accepted. Each method has its own elaborated rules (rejection in § 38, counter-offer in § 39, lapse in § 41, revocation in §§ 42–43, death in § 48). The section is a useful organizing map at the front end of offer-and-acceptance analysis.