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So an offeror says to offeree you can accept by performance or promise.

Offeree starts performance and does not complete the task- he just does not feel like it.

Did his beginning performance bind him to finish?

Any help much appreciated.

Yes. Beginning performance is an implied promise to finish. (don't remember the restatement section)

If the offer stated that acceptance could occur ONLY by performance, then no.

ogurty wrote:Yes. Beginning performance is an implied promise to finish. (don't remember the restatement section)

If the offer stated that acceptance could occur ONLY by performance, then no.

§62 deals w/ this type of K

Beginning of performance in a unilateral contract is a form of acceptance, aka manifesting your willingness to assent to the terms of the offer, if you are aware that by beginning performance you are accepting the offer. By not finishing performance, you are basically in breach of the contract.

If the court finds that there is adequate consideration to support the contract, you will either have damages levied against you (if there are any provable by offeror), or the court might order specific performance (if not in violation of 13th amendment), or injunction against breach by not completing performance, you are attempting to perform for another party.

look at restatement 45 against 62. That should clear some things up.

Thank you both!!!

RST 62 was correct:

a. 45: only when unilateral K
i. binds offeror w/ option K; offeree not bound to complete
b. 62: where either/or offer, tendering is acceptance that operates promise to
complete
i. if choose to begin perf, promised to complete – binds offeree

I was confused because we only learned about how offeror is bound (RST 45)...yet she asks us a RST 62 question.

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