Also known as:accepts · accepted · accepting · acceptance · acceptances
Written by attorneys — see sources below.
An act by which a party receives or agrees to a legal instrument, offer, or obligation. Acceptance completes transfers such as deeds or gifts and forms contracts when it matches the offer terms.
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How its tested
Common Examples
6
Buyer Accepts Marketable Title
Alexandra Armstrong contracted to purchase land from Alliance Holdings. At closing the seller tendered a deed free of liens and encumbrances. Alexandra accepted the deed because the title satisfied the standard of marketability that a prudent purchaser would accept.
Congress Accepts Reimbursement
Adrian Aguilar, a federal judge, received an offer of reimbursement from a foreign government for official travel. Congress passed legislation authorizing acceptance of the funds after determining the expenditure served the general welfare under its enumerated powers.
Jury Instructed to Accept Fact
In a civil trial involving Azure Solutions, the court took judicial notice that a corporate filing occurred on a specific date. The judge instructed the jury to accept the noticed fact as conclusive when deliberating the verdict.
Arthur Abrams sought to retain Alexis Archer as counsel in a matter that would require violating ethical rules. Alexis assessed the facts and declined to accept the representation under the mandatory withdrawal provisions.
Counter-Offer Ends Acceptance Power
Audrey Ashton offered to sell equipment to Aurora Biotech. Aurora responded with a counter-offer containing different payment terms. The counter-offer terminated Aurora's power to accept the original offer.
Rent Acceptance Creates Tenancy
Alan Ackerman and Arcadia Retail executed a lease invalid under the Statute of Frauds. Alan took possession and paid rent, which Arcadia accepted under the lease terms. The acceptance created a periodic tenancy with the lease terms except duration.
5 common questions
Students Frequently Ask...
When does acceptance of a deed complete a property transfer?
Acceptance by the grantee is required for a valid deed to pass title. Without acceptance the conveyance remains incomplete even if the grantor has signed and delivered the instrument.
How does a counter-offer affect the offeree's power to accept?
A counter-offer terminates the offeree's power of acceptance unless the offeror has manifested a contrary intention or the counter-offer itself shows the offeree intends to keep the original offer open.
What jury instruction follows judicial notice in a civil case?
In a civil case the court must instruct the jury to accept the noticed fact as conclusive. The instruction removes the fact from further dispute by the jury.
When must a lawyer decline or withdraw from representation?
A lawyer must decline or withdraw if the representation would violate the rules of professional conduct or if the lawyer's physical or mental condition materially impairs the ability to represent the client.
What tenancy arises when a landlord accepts rent under an invalid lease?
When possession is taken and rent is paid and accepted under a lease invalid under the Statute of Frauds, a periodic tenancy is created with all lease terms except duration.
5 U.S. (1 Cranch) 137 (1803)
…is not among them. The sign manual of the President and the seal are those solemnities for commissions. The transmission and acceptance of the commission are practices of convenience not required by law and cannot be necessary to constitute the appointment which is the sole act of the President. If the possession of the…