What is the effect of starting to perform in a bilateral contract?

Prepare for the Bar Exam with our Mnemonics Test. Boost your memory and understanding using flashcards and multiple choice questions, each with detailed hints and explanations. Get ready to ace your exam!

Multiple Choice

What is the effect of starting to perform in a bilateral contract?

Explanation:
Starting to perform when an offer invites performance acts as acceptance and carries an implied promise to finish. When you begin the work in response to an offer, your actions signal that you have accepted the terms and are bound to complete the rest of the performance. That completion obligation is the implied promise: by starting, you’ve shown you intend to be bound and will finish the task as agreed, with the other party obligated to pay upon completion. This explains why starting work has a binding effect, rather than revoking the offer or creating a separate option contract, and why it isn’t a null or meaningless act. For example, if a contractor offers to pay for painting the house and says to start now, beginning the painting acceptance commits you to finish, and stopping mid-project could amount to breach.

Starting to perform when an offer invites performance acts as acceptance and carries an implied promise to finish. When you begin the work in response to an offer, your actions signal that you have accepted the terms and are bound to complete the rest of the performance. That completion obligation is the implied promise: by starting, you’ve shown you intend to be bound and will finish the task as agreed, with the other party obligated to pay upon completion. This explains why starting work has a binding effect, rather than revoking the offer or creating a separate option contract, and why it isn’t a null or meaningless act. For example, if a contractor offers to pay for painting the house and says to start now, beginning the painting acceptance commits you to finish, and stopping mid-project could amount to breach.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy