Legal Memorandum: Offer and Acceptance in AL

Issue: In Alabama, What is Necessary to Establish an Offer and Acceptance?

Area of Law: Business Organizations & Contracts
Keywords: Offer and acceptance; Objective manifestation
Jurisdiction: Alabama
Cited Cases: 597 F.2d 556; 420 F. Supp. 572
Cited Statutes: None
Date: 10/01/2000

Whether a particular communication is to be deemed an “offer” is to be judged by its objective manifestation, not by any mental reservations or unexpressed intentions of the offeror.  Ex parte Amoco Fabrics & Fiber Co., 729 So. 2d 336, 339 (Ala. 1998); Dillon v. AFBIC Dev. Corp., 420 F. Supp. 572 (S.D. Ala. 1976), aff’d in part, rev’d in part on other grounds, 597 F.2d 556 (5th Cir. 1979).  See Ex parte Rush, 730 So. 2d 1175, 1178 (Ala. 1999) (conduct of one party from which the other can reasonably infer assent effective as acceptance); Gold Seal Prod. v. R.K.O. Radio Pictures, 286 P.2d 954, 968 (Cal. Ct. App. 1955) (shaking hands while saying “we have a deal” sufficient evidence of acceptance of contract offer).


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