emarxnj wrote:Question about "overtaking rejection", this is something that would need to be provided for in the contract I'd assume? Overtaking rejection being the ability to put acceptance in mail, but still reject if that gets to offeror first (different medium, faster mail).
Remember, acceptance takes effect upon dispatch, so if you mail the acceptance first, that's it. Game over.
If, however, you send a REJECTION first, the rejection only takes effect upon receipt, so you can still mail an acceptance afterward. Since there are now two conflicting responses in transit, whichever gets to the offeror first takes effect. I.e. if the acceptance overtakes the rejection somewhere along the way, the offer is accepted, even though you mailed the rejection first.
Remember, these are default rules, so an offer could certainly stipulate that acceptances will take effect upon receipt if the offeror wanted. In that case, it would be possible for a rejection to overtake an acceptance that was mailed first.