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  (1) A statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Silence or inactivity does not in itself amount to acceptance.

(2) An acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror. An acceptance is not effective if the indication of assent does not reach the offeror within the time he has fixed or, if no time is fixed, within a reasonable time, due account being taken of the circumstances of the transaction, including the rapidity of the means of communication employed by the offeror. An oral offer must be accepted immediately unless the circumstances indicate otherwise.

(3) However, if, by virtue of the offer or as a result of practices which the parties have established between themselves or of usage, the offeree may indicate assent by performing an act, such as one relating to the dispatch of the goods or payment of the price, without notice to the offeror, the acceptance is effective at the moment the act is performed, providing that the act is performed within the period of time laid down in the preceding paragraph.


Issues       
# Cases
 1 Mode of acceptance
3
  1.1 By statements
1
  1.2 By other conduct indicating assent
23
   1.2.1 Performance of preparatory act
2
   1.2.2 Silence or inactivity
Country # Cases  
Argentina 1  
Belgium 1  
France 3  
Germany 3  
Netherlands 2  
Switzerland 2  
Date Court
10.07.1996 Handelsgericht des Kantons Z├╝rich
04.08.2003 Schweizerisches Bundesgericht
USA 1  
13
   1.2.3 Incorporation of standard terms
28
 2 When acceptance becomes effective
2
  2.1 Upon receipt of indication of assent by offeror
2
  2.2 Upon performance of act effective as acceptance
4
 3 When acceptance must be made
  3.1 Immediately in case of oral offers
  3.2 Within time fixed by offeror
1
  3.3 In other cases, within reasonable time
2
Total: 69


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