28-2-501. How consent is communicated. (1) Consent can be communicated with effect only by some act or omission of the party contracting by which the party intends to communicate it or that necessarily tends to the communication. (2) If a proposal prescribes any conditions concerning the communication of its acceptance, the proposer is not bound unless the […]
28-2-502. When consent is considered fully communicated. Consent is considered to be fully communicated between the parties as soon as the party accepting a proposal has put that party’s acceptance in the course of transmission to the proposer in conformity with 28-2-501. History: En. Sec. 2128, Civ. C. 1895; re-en. Sec. 4989, Rev. C. 1907; re-en. Sec. 7491, […]
28-2-503. Implied acceptance. (1) Performance of the conditions of a proposal or the acceptance of the consideration offered with a proposal is an acceptance of the proposal. (2) A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known or […]
28-2-504. Acceptance to be absolute. An acceptance must be absolute and unqualified or must include in itself an acceptance of that character which the proposer can separate from the rest and which will bind the person accepting. A qualified acceptance is a new proposal. History: En. Sec. 2130, Civ. C. 1895; re-en. Sec. 4991, Rev. C. 1907; […]
28-2-505 through 28-2-510 reserved.
28-2-511. When proposal may be revoked. A proposal may be revoked at any time before its acceptance is communicated to the proposer, but not afterwards. History: En. Sec. 2131, Civ. C. 1895; re-en. Sec. 4992, Rev. C. 1907; re-en. Sec. 7494, R.C.M. 1921; Cal. Civ. C. Sec. 1586; Field Civ. C. Sec. 771; re-en. Sec. 7494, R.C.M. […]
28-2-512. How proposal revoked. A proposal is revoked by: (1) the communication of notice of revocation by the proposer to the other party in the manner prescribed by 28-2-501 and 28-2-502 before the other party’s acceptance has been communicated to the proposer; (2) the lapse of the time prescribed in the proposal for its acceptance or, if no […]
