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Utah Code § 70A-2-206

Offer and acceptance in formation of contract

Known as the Uniform Commercial Code

The act spans §§ 70–70 (293 sections).

Applied in 1 court decision — leading case Herm Hughes & Sons, Inc. v. Quintek (1992)

Most recently applied in Herm Hughes & Sons, Inc. v. Quintek (June 1992)

Enacted by Chapter 154, 1965 General Session

(1) Unless otherwise unambiguously indicated by the language or circumstances

(a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances;

(b) an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of nonconforming goods, but such a shipment of nonconforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.

(2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.