Define: Special Acceptance

Special Acceptance
Special Acceptance
Quick Summary of Special Acceptance

Special acceptance occurs when an individual agrees to the conditions of an offer in a manner that deviates from the original proposal. For instance, if someone agrees to a bill of exchange being payable in a particular location, despite the absence of this condition in the bill, it is deemed a special acceptance. This form of acceptance can establish a legally binding agreement, but it can also function as a counteroffer if it alters the initial terms of the offer.

Full Definition Of Special Acceptance

Special acceptance refers to an acceptance that deviates from the specified terms of a bill or the additional terms added to it. It involves departing from the usual terms of a bill. For instance, special acceptance occurs when a draft is accepted as payable in a specific location, even though the draft does not originally include such a limitation. This implies that the acceptor has agreed to pay the draft in a manner that differs from the original agreement. Special acceptance is not a common occurrence and is typically employed to accommodate the requirements of the parties involved.

Special Acceptance FAQ'S

Special acceptance refers to a situation where an offeree accepts an offer but introduces new terms or conditions that were not originally included in the offer.

Special acceptance is generally not legally binding unless the offeror explicitly agrees to the new terms proposed by the offeree.

Yes, special acceptance can be seen as a counteroffer because it introduces new terms that modify the original offer.

If the offeror rejects the special acceptance, the offeree’s attempt to accept the offer with new terms will be considered invalid, and no contract will be formed.

Yes, special acceptance can be revoked by the offeree at any time before the offeror accepts the new terms proposed.

Special acceptance can be made orally, but it is always advisable to have written documentation to avoid any disputes or misunderstandings.

Yes, special acceptance can be made by conduct if the offeree’s actions clearly indicate their intention to accept the offer with new terms.

No, special acceptance cannot be made by silence. The offeree must actively communicate their acceptance with the new terms to the offeror.

Special acceptance cannot be made by a third party unless the offeror explicitly allows for such acceptance in the original offer.

If you receive a special acceptance, carefully review the new terms proposed and decide whether you are willing to accept them. If not, you should communicate your rejection to the offeree to avoid any confusion or misunderstandings.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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