Written by attorneys · grounded in primary & secondary sources — see below
An adverbial phrase indicating that an act, acceptance, or transmission may be accomplished by any method or means. The phrase supplies flexibility when a rule or instrument does not restrict the manner of performance.
Sources & Authorities· 26 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Principal Revokes Agent Authority
Quentin Quinn hired Quest Quail to negotiate leases. After several months Quentin sent an email stating he no longer wanted Quest to continue. Quest received the message and stopped all further dealings. The authority ended because Quentin manifested dissent in any manner.
Offeree Accepts by Performance
Queen Quintero offered to buy Quinley Quincy's warehouse if he began foundation work by Monday. Quinley replied by email confirming the price and immediately mobilized crews. The acceptance was effective because the offer invited acceptance in any reasonable manner.
Quinton Quimby held a power of attorney from Quinn Quezada. Quinton negotiated with Quorum Partners to cancel an existing endorsement deal and substitute new terms. The cancellation was valid because the power authorized the agent to contract in any manner to accomplish the principal's purpose.
Notice Served by Email
A party was required to serve notice of a filing. The serving party emailed the notice to the recipient's known address. Service was valid because the rule allowed delivery in any manner reasonably calculated to reach the intended recipient.
Lease Formed by Conduct
Two parties discussed leasing equipment. One began using the equipment and the other accepted payment. A lease contract was formed because the parties manifested agreement in any manner sufficient to show mutual assent.
Payment Tendered by Check
A buyer owed money under a contract. The buyer tendered payment by personal check. The tender was sufficient because payment may be made by any means current in ordinary business unless legal tender is demanded.
Common questions
Frequently Asked
3
Does the phrase require a specific form of communication?+
No. The phrase permits any method or medium that the governing rule or instrument does not expressly restrict. Courts therefore accept email, performance, or other reasonable means when the rule uses the phrase.
Supporting sources
Can an agent terminate authority under the phrase without a writing?+
Yes. Either the principal or the agent may manifest dissent in any manner, including oral or written statements, so long as the other party receives notice of the dissent.
Supporting sources
Does the phrase allow an agent to modify contracts?+
Yes. Under a statutory power of attorney the agent may rescind, restate, or modify an existing contract in any manner on terms the agent finds agreeable to accomplish the principal's purpose.
Supporting sources
376 U.S. 254 (1964)Remedies
…any means absolved from their responsibility to their constituents; and this happens whenever the constituent can be restrained in any manner from speaking, writing, or publishing his opinions upon any public measure, or upon the conduct of those who may advise or execute it." An unconditional right to say what one pleases about…