Also known as: seasonable · seasonably · timely · within a reasonable time
Written by attorneys — see sources below.
An acceptance or other responsive action taken within the time permitted by the offer or, if no time is specified, within a reasonable time before the offer lapses or is terminated.
Synergy Systems offered to settle Scott Summers's claim if he accepted by day twenty-eight. Summers reviewed the offer immediately and mailed his written acceptance stating all terms on the twenty-eighth day. Because the acceptance was seasonably made, the court held that a contract formed and Summers preserved his rights.
Simon Stern offered to sell property to the court reporter if acceptance arrived before pretrial. The reporter reviewed the offer immediately and delivered written acceptance before the deadline. Because the acceptance was seasonably made, the court enforced the agreement and allowed the sale to proceed.
Samuel Soto offered confidential information to a regulated company if the firm accepted within ten days. His new firm reviewed the offer immediately and delivered written acceptance stating all conditions on day nine. Because the acceptance was seasonably made, the firm could proceed with the representation.
Sierra Santos offered to lease the warehouse if Sentinel Security accepted within five days. Sentinel reviewed the offer immediately and mailed written acceptance stating all terms on day four. Because the acceptance was seasonably made, a binding lease formed and no breach occurred.
Stephen Shaw offered to testify if the prosecutor accepted a plea by the charge conference. The prosecutor reviewed the offer immediately and delivered written acceptance stating all terms before the conference. Because the acceptance was seasonably made, the court enforced the plea agreement.
Sydney Santos offered to forgo suit if the LLC members accepted a settlement demand within forty-five days. The members reviewed the offer immediately and delivered written acceptance stating all terms on day forty-four. Because the acceptance was seasonably made, Santos could not proceed with the derivative action.
An acceptance is seasonably made when it occurs within the time fixed by the offeror or, if no time is fixed, within a reasonable time before the offer lapses or is terminated by death, revocation, or another event.
When the offer sets a specific deadline, seasonably made requires delivery or communication by that deadline. When no deadline is set, the standard is a reasonable time judged by the circumstances of the offer and the subject matter.
An acceptance that is not seasonably made is ineffective and does not form a contract. The offer lapses, and any later attempt to accept is treated as a new offer rather than an acceptance.
…to seek a variance; no criminal or civil sanctions could possibly have attached pending the outcome of that proceeding. Though timely invocation of the administrative remedy would have had no effect on appellant's asserted rights, and would have inflicted no irreparable injury, the present availability of such relief…