Also known as: notifications of acceptance · notice of acceptance
Written by attorneys · grounded in primary & secondary sources — see below
A communication by an offeree informing the offeror that the offeree has accepted an offer by rendering the requested performance. The communication is unnecessary when the offer itself indicates that notification is not required or when the offeror otherwise learns of the performance within a reasonable time.
Nova Pharmaceuticals posted a notice offering a bonus to any supplier that switched to a specified packaging method and delivered at least ten thousand units. Nexus Technologies read the notice, converted its production line, and shipped the qualifying units without sending any separate message. Because the posted notice indicated that notification of acceptance was not required, the shipment alone formed a binding contract.
Carbolic Smoke Ball Company advertised a reward to anyone who used its product as directed and still contracted influenza. Nora Nash purchased and used the product exactly as specified but sent no prior message of acceptance. The advertisement's terms implied that notification of acceptance was unnecessary, so Nora's performance alone created an enforceable contract for the reward.
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An offer invites acceptance by performance without requiring separate notification when its terms indicate that notification is unnecessary. In such cases the offeree's completion of the requested act forms the contract even if the offeror receives no explicit message beforehand.
Supporting sources
If the offeree knows the offeror lacks adequate means to learn of the performance with reasonable promptness and certainty, the offeror's duty is discharged unless the offeree exercises reasonable diligence to notify, the offeror actually learns of the performance within a reasonable time, or the offer itself dispenses with notification.
Supporting sources
Later discovery preserves the duty only if it occurs within a reasonable time after performance. A delay that prevents prompt and certain knowledge, especially when the offeree knew of the offeror's isolation, discharges the duty even if eventual discovery occurs through third parties.