Issue: In Alabama, What is Necessary to Establish an Offer and Acceptance?
|Area of Law:||Business Organizations & Contracts|
|Keywords:||Offer and acceptance; Objective manifestation|
|Cited Cases:||597 F.2d 556; 420 F. Supp. 572|
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).