Also known as: acceptance
Written by attorneys · grounded in primary & secondary sources — see below
A manifestation of assent by the intended recipient that completes a legal transfer or obligation. The assent may be express, implied by conduct, or presumed unless the recipient refuses or disclaims. Without it the transfer remains incomplete even if delivery or other formalities have occurred.
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Lamar Lewis receives a signed deed from grantor Lucia Lopez describing the lakeside parcel. Lewis takes the deed, records it, and begins paying the property taxes. The recording and tax payments show Lewis's acceptance, completing the transfer and passing valid title under the deed requirements.
Lone Peak Energy petitions for naturalization of its foreign workers under a uniform federal rule. Congress grants citizenship pursuant to its enumerated authority. The grant finalizes the workers' legal status and binds them to the new citizenship obligations.
Luna Lang offers to sell equipment to Lakeshore Industries for $50,000. Lakeshore replies with a counter-offer at $45,000. The counter-offer ends Lakeshore's power to accept the original terms, so Lang may walk away without liability.
Lola Langley delivers a painting to her niece Lena Lawson with clear donative intent. Lawson takes possession and hangs the painting without objection. Acceptance is presumed, completing the gift and transferring ownership immediately.
Linden Logistics accepts delivery of defective parts from Lotus Pharmaceuticals but later revokes acceptance upon discovering the defects. Lotus, denied the price, recovers damages for non-acceptance under the governing commercial rule.
Latoya Lane is named trustee under a trust that specifies acceptance by signing the trust instrument. Lane signs and begins administering the assets. The signature constitutes acceptance, binding Lane to fiduciary duties from that moment.
Acceptance by the grantee is required to complete a deed transfer. It may be shown by conduct such as recording or taking possession rather than by express words. Without acceptance the deed does not pass title even if all other formalities are met.
An offeree's power of acceptance ends upon making a counter-offer unless the offeror has indicated otherwise or the counter-offer itself shows the offeree still intends to keep the original power open. The new proposal replaces the original offer as the pending bargain.
…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…
…of the embryo or fetus not prevail. Logically, of course, a legitimate state interest in this area need not stand or fall on acceptance of the belief that life begins at conception or at some other point prior to live birth. In assessing the State's interest, recognition may be given to the less rigid claim that as long as…
…buyers, at prices and on terms fixed by appellant. The salesmen transmit the orders to appellant's office in St. Louis for acceptance or rejection, and when accepted the merchandise for filling the orders is shipped f. o. b. from points outside Washington to the purchasers within the state. All the merchandise shipped…
…ties did not exist, cases over which the State is now thought to have jurisdiction could not be brought in that forum. Since acceptance of the International Shoe test would most affect this class of cases, we examine the arguments against adopting that standard as they relate to this category of litigation. Before doing…
…worse to convict an innocent man than to let a guilty man go free. It is only because of the nearly complete and long-standing acceptance of the reasonable-doubt standard by the States in criminal trials that the Court has not before today had to hold explicitly that due process, as an expression of fundamental procedural…
A gift is not complete until the donee accepts. Acceptance is presumed from receipt of the property but the donee retains the right to refuse or disclaim. Without acceptance the donor's donative intent alone does not transfer ownership.
Revocation of acceptance returns the parties to a breach posture. The seller loses the right to the price and instead recovers damages for non-acceptance. The buyer may also hold a security interest in the goods for payments already made.
A trustee accepts by substantially complying with any method stated in the trust terms or, if none is exclusive, by taking delivery of trust property or exercising trustee powers. Once accepted the trustee must administer the trust in good faith according to its terms.