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Statutes

"Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.

If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance. NMSA 1978, § 55-2A-206

Acceptance of goods occurs after the lessee has had a reasonable opportunity to inspect the goods and the lessee signifies or acts in a manner that signifies that the goods are conforming or that the lessee will take or retain them in spite of their nonconformity; or the lessee fails to make an effective rejection of the goods. Acceptance of a part of any commercial unit is acceptance of that entire unit. NMSA 1978, § 55-2A-515."

Cases

Comments

When the recipient of goods and/or of an offer acts consistently with acceptance, acceptance can be deemed to have occurred.


Contributors

Andrew Simons, Noe Astorga-Corral and Alison K. Goodwin

The statutory information was edited and reviewed with the support of MultiState

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