Intro

Citation: 37 N.E. 665 (Mass. 1894).

One-Sentence Takeaway:  Where there is a unilateral offer and the act that constitutes acceptance of that offer is of such a kind that knowledge of it will not quickly come to the offeror, the offeree is bound to give notice of his acceptance to the offeror within a reasonable time after doing the act which constitutes the acceptance.

Key Excerpts:

“[If an offer is of the type where the offeror agrees to be bound in] consideration of an act to be done . . . the doing of the act [by the offeree] constitutes the acceptance of the offer and furnishes the consideration. Ordinarily there is no occasion to notify the offeror of the acceptance of such an offer, for the doing of the act is a sufficient acceptance, and the promisor knows that he is bound when he sees that action has been taken on the faith of his offer. But if the act is of such a kind that knowledge of it will not quickly come to the promisor, the promisee is bound to give him notice of his acceptance within a reasonable time after doing that which constitutes the acceptance. In such a case it is implied in the offer that, to complete the contract, notice shall be given with due diligence, so that the promisor may know that a contract has been made.”

“Where the promise is in consideration of an act to be done, it becomes binding upon the doing of the act so far that the promisee cannot be affected by a subsequent withdrawal of it, if within a reasonable time afterward he notifies the promisor.”

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