REG · Business Law · 6 practice questions
Mailbox Rule: Acceptance and Revocation Timing
Authorized acceptance normally takes effect when sent unless the offer requires receipt; revocation takes effect when received. Follow one consulting offer through a timeline, then compare the result when only the offer's receipt requirement changes.
Try one first
Hint
Focus on which communication is effective when sent and which is effective only when received.
Answer C. Under the common-law mailbox rule, an acceptance sent by an authorized means (here, by mail as the offer allowed) is effective when dispatched, not when received. Baker mailed an unconditional acceptance on May 5 before receiving Lane's revocation. Because revocation is effective only upon receipt, the contract was formed on May 5.
Why not A: This answer mistakes the effectiveness of a revocation for its mailing date. A revocation mailed earlier is not effective until received; because Baker had already dispatched an authorized acceptance, the earlier mailing of the revocation does not prevent formation.
Why not B: This is tempting if one focuses on when communications are received, but it confuses the timing rules. Revocation is effective on receipt, not on mailing, and acceptance by authorized mail is effective on dispatch. Baker's mailed acceptance on May 5 was already effective before the revocation took effect on May 6.
Why not D: This states the wrong legal rule. Under common law, revocations are effective upon receipt, not upon mailing, while acceptances sent by an authorized method are generally effective upon dispatch. That difference is why a contract arose here.
The timeline
- May 1Lane sends Baker an $8,000 consulting offer stating, "You may accept by mail no later than May 10."
Receipt-required version: Lane instead states, "Your mailed acceptance must be received by May 10." Every other fact stays the same.
- May 4Lane mails a revocation.
Neither version is revoked yet. Mailing does not make a revocation effective.
- May 5Before receiving the revocation, Baker mails an unconditional acceptance.
Original offer: a contract forms today. Receipt-required version: mailing is not effective acceptance, so no contract forms today.
- May 6Baker receives Lane's revocation.
Original offer: the revocation is too late. Receipt-required version: the revocation terminates the offer before acceptance becomes effective.
- May 11Lane receives Baker's acceptance, after the May 10 deadline.
Original offer: late arrival does not undo the May 5 contract. Receipt-required version: no contract forms; the May 6 revocation already terminated the offer.
Key points
- Remember: A receipt requirement changes which date controls, not the date the acceptance was mailed.
- Compare effective times, not which letter was mailed first.
- Keep the sender straight: Baker sends acceptance; Lane sends revocation.
How the exam traps you
- Treating Lane's May 4 mailing as an effective revocation. Revocation takes effect when Baker receives it on May 6.
- Applying dispatch timing despite an express receipt requirement. Under the changed offer, Baker's May 5 mailing does not form a contract.
Question 2
Hint
First determine whether the offer changes the default mailbox rule (dispatch vs. receipt); then apply the rules for when revocations and acceptances become effective.
Answer D. The mailbox rule normally makes an acceptance effective on dispatch, but an offeror can specify that acceptance must be received, which displaces that default. Harper's offer explicitly required receipt by May 10; because Lane's acceptance was not received until May 11, it was ineffective and no contract formed. (Revocations are effective on receipt, not on mailing.)
Why not A: This is tempting because the mailbox rule ordinarily makes a mailed acceptance effective upon dispatch. It fails here because Harper's offer displaced that default by requiring acceptance to be received by May 10, so a mailed acceptance not received by the deadline is ineffective.
Why not B: This distractor is plausible: revocations are ineffective until received, and Harper's revocation was not received before Lane mailed acceptance. It is nonetheless incorrect because the offer's explicit receipt requirement displaces the mailbox rule, meaning a May 9 mailing that was not received by the deadline cannot be treated as an effective acceptance.
Why not C: This answer reaches the same outcome but for the wrong reason. It is tempting if one mistakenly treats revocation as effective on mailing, but revocations generally take effect only upon receipt. The controlling reason here is the offer's receipt requirement plus the late receipt of acceptance.
Question 3
Hint
First determine whether Buyer's payment created an option that made the offer irrevocable. Then consider under common‑law principles whether exercising an option is typically effective on dispatch or instead requires receipt.
Answer B. Buyer's $2,000 created an enforceable option that made the offer irrevocable through 5:00 p.m. on March 10. Under prevailing common‑law authority, exercising an option is generally treated as requiring receipt of the acceptance during the option period unless the parties agreed otherwise. Because Buyer's acceptance was not received until March 11, after the option expired, no sales contract was formed.
Why not A: This is tempting because the mailbox rule often makes mailed acceptances effective on dispatch, but that rule is frequently limited for options: many courts require receipt to exercise an option (absent an agreement to the contrary), and here acceptance was received after the option expired.
Why not C: This confuses purchasing an option with acceptance of the underlying contract. Paying for an option obligates the offeror to keep the offer open for the option period; it does not itself constitute acceptance of the sale.
Why not D: This is plausible because Owner attempted to revoke, but an effective option makes the offer irrevocable through its stated time; the attempted revocation during the option period was ineffective, so the decisive fact is that acceptance was not received until after the option expired.
Question 4
Hint
Focus on two separate timing issues: whether common law or UCC rules apply, and whether the offeree sent a rejection before sending the acceptance.
Answer A. Under common law the mailbox rule generally makes an acceptance effective on dispatch, but when the offeree sends a rejection first and then an acceptance, whichever communication is received first controls. Because Owner received the acceptance on June 6 before receiving the rejection on June 7, a contract was formed on June 6.
Why not B: This mistakes the general dispatch rule for acceptances as always controlling. That rule is limited here because Contractor had already mailed a rejection; when a rejection is sent first the later acceptance is effective only if it arrives before the rejection.
Why not C: A rejection is generally effective on receipt, not on dispatch. Since Owner did not receive the rejection until June 7 and had already received the acceptance on June 6, the mailed rejection did not prevent formation.
Why not D: While a promise to hold an offer open is not binding at common law without consideration, that only means the offeror could revoke prior to acceptance. Here Owner did not revoke and received a valid acceptance before receiving the rejection, so lack of consideration for the option does not prevent contract formation.
Question 5
Hint
Focus on the effect of sending a rejection first and an acceptance later, and ask which communication became effective first.
Answer A. When an offeree sends a rejection and later sends an acceptance, the usual dispatch rule is displaced by the rule that the first communication received by the offeror controls. Because Seller received Buyer's acceptance on June 6 and did not receive the earlier rejection until June 7, the acceptance prevailed and a contract was formed on June 6.
Why not B: This is tempting because acceptances are often effective on dispatch, but that general rule is qualified when the offeree previously mailed a rejection. If a rejection is mailed first, the timing of receipt controls, so the acceptance did not prevail on dispatch here.
Why not C: Rejections (and revocations) are generally effective on receipt, not on dispatch. Because Seller received the acceptance before receiving the rejection, the acceptance took effect first and formed the contract.
Why not D: Although a promise to keep an offer open is not binding without consideration (absent an option or other exception), Seller never revoked the offer. The controlling question is the timing of the communications; because Seller received the acceptance before the rejection, a contract resulted.
Question 6
Hint
Start with the offer's own instructions. General acceptance rules usually apply only when the offer does not make one method exclusive.
Answer D. An offeror may prescribe an exclusive manner and timing for acceptance. Here, Gray's offer expressly required receipt of a signed acceptance email by the stated deadline and stated no other method would be effective; because Lane never sent that required email, no binding contract was formed.
Why not A: Oral acceptance can be sufficient in many settings, but here the offer expressly rejected other methods and required a signed acceptance email received by the deadline, so a voicemail alone would not create a contract.
Why not B: Tempting because if an offer is silent about method, acceptance by a reasonable means is often allowed. It's wrong here because the offer did not leave the method open; it made receipt of a signed acceptance email the exclusive effective method.
Why not C: This plays on the mailbox (dispatch) rule, which can make mailed acceptances effective on dispatch. But that default rule is displaced when an offer specifies a required method or requires receipt by a deadline.
Common questions
When is acceptance effective under the mailbox rule?
For Lane's offer allowing acceptance by mail, Baker's authorized acceptance takes effect when mailed on May 5. A contract forms before the revocation arrives.
Can an offer require acceptance to be received?
Yes. If Lane requires receipt by May 10, Baker's May 5 mailing is not enough. Lane's revocation arrives May 6 before the acceptance arrives May 11, so no contract forms.
When does a mailed revocation become effective?
Lane's revocation takes effect on receipt, not mailing. Under the original offer, it arrives too late to undo the contract formed on May 5.
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