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§ 59.1-502.3 Offer and acceptance in general

Unless otherwise unambiguously indicated by the language or the circumstances:

1. An offer to make a contract invites acceptance in any manner and by any medium reasonable under the circumstances.

2. An order or other offer to acquire a copy for prompt or current delivery invites acceptance by either a prompt promise to ship or a prompt or current shipment of a conforming or nonconforming copy. However, a shipment of a nonconforming copy is not an acceptance if the licensor seasonably notifies the licensee that the shipment is offered only as an accommodation to the licensee.

3. If the beginning of a requested performance is a reasonable mode of acceptance, an offeror that is not notified of acceptance or performance within a reasonable time may treat the offer as having lapsed before acceptance.

4. If an offer in an electronic message evokes an electronic message accepting the offer, a contract is formed:

A. when an electronic acceptance is received; or

B. if the response consists of beginning performance, full performance, or giving access to information, when the performance is received or the access is enabled and necessary access materials are received.

History

This law was first created in 2000. The record of its establishment is cataloged in chapters 101 and 996 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year.

2000, cc. 101, 996.

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