Offeree's Counter Proposal
Rajesh Rao offers to sell land to Robert Rivera for $400,000. Rivera replies that he will pay only $350,000. Rao later sells the land to a third party. Rivera's reply prevents him from later accepting the original offer.
Also known as: rejects · rejected · rejecting · rejection · rejections
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
An offeree's manifestation of unwillingness to accept an offer that terminates the power of acceptance unless the offeror has manifested a contrary intention. Under an option contract the power of acceptance is not terminated by rejection.
An offeree's manifestation of unwillingness to accept an offer that terminates the power of acceptance unless the offeror has manifested a contrary intention. Under an option contract the power of acceptance is not terminated by rejection.
Select any source to read its text and confirm it supports the definition.
A designated person's declination to serve as trustee before acceptance, resulting in deemed rejection if acceptance does not occur within a reasonable time after learning of the designation.
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A buyer's refusal to accept tendered goods that, when wrongful, entitles the seller to damages for non-acceptance even if the seller is not entitled to the price.
Select any source to read its text and confirm it supports the definition.
A designated person's declination to serve as trustee before acceptance, resulting in deemed rejection if acceptance does not occur within a reasonable time after learning of the designation.
A buyer's refusal to accept tendered goods that, when wrongful, entitles the seller to damages for non-acceptance even if the seller is not entitled to the price.
Each sense below has its own examples, sources, and questions.
Rajesh Rao offers to sell land to Robert Rivera for $400,000. Rivera replies that he will pay only $350,000. Rao later sells the land to a third party. Rivera's reply prevents him from later accepting the original offer.
A prosecutor seeks to introduce a witness's out-of-court statement against Raphael Rivera. The trial court admits the statement based on perceived reliability. On appeal the statement is excluded because the declarant was never cross-examined.
Ricardo Rojas grants Roger Ramirez an option to purchase property. Ramirez sends a rejection letter. When Ramirez later attempts to exercise the option within the stated period, the exercise remains effective.
A city requires foster agencies to certify same-sex couples. Ridgeway Partners, a religious agency, refuses on faith grounds. Because the city retains discretion to grant exemptions, the policy triggers strict scrutiny.
A rejection terminates the offeree's power of acceptance unless the offeror has manifested a contrary intention or the offer is an option contract.
Supporting sources
Rejection or a counter-offer does not terminate the power of acceptance under an option contract unless the requirements for discharge of a contractual duty are met.
Supporting sources
Ravi Reddy is named trustee in a will but takes no action for four months after learning of the designation. When a beneficiary later seeks to enforce duties against him, the court treats Reddy as having rejected the trusteeship.
A designated trustee who does not accept within a reasonable time after learning of the designation is deemed to have rejected the trusteeship.
Supporting sources
Riverside Healthcare orders medical equipment from a supplier. The delivered units fail to match contract specifications. The supplier sues for the price but recovers only damages for non-acceptance after the court finds the rejection wrongful.
After a buyer has wrongfully rejected goods, a seller not entitled to the price may still recover damages for non-acceptance under the preceding UCC section.
Supporting sources
…is not removable at will. The right to the office is then in the person appointed who has the absolute power of accepting or rejecting it. Mr. Marbury, since his commission was signed by the President and sealed by the Secretary of State, was appointed; and as the law creating the office gave the officer a right to hold…