I was offered £.... for a signed photograph, provided i accepted before the end of the month. i heard the message on 28 August and immediately telephoned the offeror on that day. There was no reply, so i left a message on their answering machine accepting the offer. they did not hear the message until they returned home from a holiday on 15 September. Am I in a contract? does the contract come into place when I sent it, or when he heard it? and are there any case laws similar to this?
1 Answer from Attorneys
This is Alaska? The reason I ask is that you use the "£" sign (pound sterling), and use the expression "holiday", meaning vacation, both of which suggest you are in the UK. You have indicated you are in Alaska, so I will answer according to Alaska law.
Anyway, the answer is more-or-less universal. The offer can be accepted (unless specified otherwise) by the mode of communication in which the offer was made; in this case telephone. You answered by telephone and accepted the offer. At that moment, you had made a contract.
There are probably many case opinions which would back this up; it's a well-known principle. It is also in the Uniform Commercial Code, which is statutory law in most if not all U.S. states.
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