Acceptance is an expression of the consent of one party to the conclusion of an agreement on the terms proposed by the other party. The acceptance, which contains additional conditions, is a new offer.
Acceptance is one of the stages of concluding a contract. The contract is considered concluded upon receipt of acceptance. There are two systems that interpret this issue differently. In Germany, Italy, France, the contract is concluded at the moment the offeror receives the acceptance. In the USA, England and Japan - at the moment of sending the acceptance to the mailbox of the offeror. The latter approach is called the "mailbox theory". If the acceptance is received late, but was sent by the addressee on time, then the contract is considered concluded. Such an acceptance is not considered late, therefore, there are no obstacles to concluding a contract. Exceptions are cases in which one party received with a delay the notice of acceptance of the offer and immediately notifies the other party that sent the specified notice of acceptance. According to Russian law, the acceptance must be complete and unconditional. If a response is received about the consent to conclude an agreement on other terms or on terms different from those specified, then the agreement is recognized as not concluded until the settlement of the disagreement. There are several forms of acceptance. First, a written reply by fax, telegraph and other means of communication. Secondly, a public offer, for example, placing goods on the shop windows. In this case, the acceptance will be the payment for the goods by the buyer. Thirdly, other actions of the counterparty under the contract are also recognized as acceptance. For example, buying a ticket on a trolleybus, filling out a customer card. Fourthly, acceptance is the performance of certain actions within the time period established by the contract. These actions are called implicit. The latter form of acceptance is often used in property turnover. Also, acceptance can be expressed by silence. Silence for more than 10 days is recognized as acceptance.
