PJC Business

PJC 101.10

C ONTRACTS

PJC 101.10 Instruction on Offer and Acceptance In attempting to reach an agreement, one party may specifically prescribe the time, manner, or other requirements for the other party’s acceptance of the offer. If the offer is not accepted as prescribed, there is no agreement. COMMENT When to use. PJC 101.10 submits a common offer-and-acceptance instruction and may be used in an appropriate case with PJC 101.1. When it is alleged that the offeror agreed to change the manner of acceptance, the following language may be added: However, the offering party can agree to a modification of the terms of acceptance. See Padilla v. LaFrance , 907 S.W.2d 454, 460 (Tex. 1995). Immaterial variation . An immaterial variation between the offer and acceptance will not prevent the formation of an enforceable agreement. Amedisys, Inc. v King wood Home Health Care, LLC , 437 S.W.3d 507, 514 (Tex. 2014). Acceptance by performance. Under some circumstances performance of an act that the offeree is requested to promise to perform may constitute a valid acceptance. Mid-Continent Casualty Co. v. Global Enercom Management, Inc. , 323 S.W.3d 151, 157 (Tex. 2010) (citing United Concrete Pipe Corp. v. Spin-Line Co. , 430 S.W.2d 360, 364 (Tex. 1968)). Time for acceptance. If no time for acceptance of an offer is specified, the law implies a reasonable time. Advantage Physical Therapy, Inc. v. Cruse , 165S.W.3d 21, 26 (Tex.App.—Houston [14th Dist.] 2005, no pet.) (citing Valencia v. Garza , 765 S.W.2d 893, 897 (Tex. App.—San Antonio 1989, no writ)).

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