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This Contract Expressly Limits Acceptance to Terms and Conditions Stated Herein Form
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People also ask
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What is a contract that does not have its terms expressly stated but that can be inferred from the parties acts or conduct?
An implied contract, which does not have explicitly stated terms, is still found to exist because parties assumed a contract existed based on conduct, or denying the contract's existence would result in unjust enrichment to one of the parties.
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When acceptance is expressly made conditional on assent to the additional or different terms?
If acceptance is made expressly conditional on assent to the additional or different terms, those additional or different terms proposed by the offeree are reflective of a true counter offer. Because a true counter offer exists, the power of acceptance lies with the buyer/offeror.
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What is the conditional acceptance rule?
Conditional acceptance means acceptance of supplies or services that do not conform to contract quality requirements, or are otherwise incomplete, that the contractor is required to correct or otherwise complete by a specified date.
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What does expressly made conditional mean?
Meaning of express condition in English a statement in a legal agreement that says that something must be done or exist in order for something else to happen: His offer includes the express condition that he be paid $2 million if the company agrees to his bid and the transaction later collapses. Compare.
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How do you know whether an acceptance with an additional or different term is valid in a sale of goods problem?
(1) A definite and seasonable expression of acceptance or a written conformation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or ...
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What does expressly mean in contract law?
An express contract is an agreement where parties explicitly spell out the contract terms, either orally or in writing. In this type of contract, parties are fully aware of their agreed-upon terms. They also know the terms are binding and that any party can take legal steps to enforce them.
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What constitutes acceptance of Terms and Conditions?
In the context of contracts, acceptance refers to one person's compliance with the terms of an offer made by another. Acceptance is judged objectively, but can either be expressly stated or implied by the offeree's conduct.
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What is the expressly authorized method of acceptance?
Express acceptance is when someone agrees to the terms of an offer either by saying it or writing it down. This creates a binding contract between the two parties. If the acceptance changes the terms of the offer, it becomes a counteroffer.
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