R2d § 50
Acceptance of Offer Defined; Acceptance by Performance; Acceptance by Promise
(1) Acceptance of an offer is a manifestation of assent to the terms thereof made by the offeree in a manner invited or required by the offer. (2) Acceptance by performance requires that at least part of what the offer requests be performed or tendered and includes acceptance by a performance which operates as a return promise. (3) Acceptance by a promise requires that the offeree complete every act essential to the making of the promise.
Professor's notes
Elements: (1) acceptance is a manifestation of assent to the terms of the offer made by the offeree in a manner invited or required by the offer; (2) acceptance by performance requires at least part of what the offer requests be performed or tendered; (3) acceptance by promise requires the offeree complete every act essential to making of the promise.
State DOT v. Providence & Worcester R.R. operationalizes acceptance by performance and the question of whether conduct manifested assent.
Common misunderstanding: students think any responsive conduct counts. § 50(1) requires that the acceptance be "in a manner invited or required by the offer." The offeror is master of the offer (§ 60); a mailbox-rule acceptance to a face-to-face offer may not stick.
Cases that operationalize this rule
Text
R2d § 50. Acceptance of Offer Defined; Acceptance by Performance; Acceptance by Promise.
(1) Acceptance of an offer is a manifestation of assent to the terms thereof made by the offeree in a manner invited or required by the offer.
(2) Acceptance by performance requires that at least part of what the offer requests be performed or tendered and includes acceptance by a performance which operates as a return promise.
(3) Acceptance by a promise requires that the offeree complete every act essential to the making of the promise.