Texas Business & Commerce Code - Section 2.206. Offer And Acceptance In Formation Of Contract

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§ 2.206. OFFER AND ACCEPTANCE IN FORMATION OF 
CONTRACT.  (a) Unless otherwise unambiguously indicated by the 
language or circumstances
		(1)  an offer to make a contract shall be construed as 
inviting acceptance in any manner and by any medium reasonable in 
the circumstances;
		(2)  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 
conforming or non-conforming goods, but such a shipment of 
non-conforming 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.
	(b)  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.

Acts 1967, 60th Leg., p. 2343, ch. 785, § 1, eff. Sept. 1, 1967.           

Last modified: August 10, 2007