AMI 2503 Offer and Acceptance
Ark. Model Jury Instr., Civil AMI 2503
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 25. UCC Sales Contracts
AMI 2503 Offer and Acceptance
Unless otherwise unambiguously indicated by the language or circumstances, [an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances] [an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or nonconforming goods (, but such a shipment of nonconforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer)].
[An action is taken seasonably when it is taken at or within the time agreed, or if no time is agreed, at or within a reasonable time.]
NOTE ON USE
Use this instruction with AMI 2501 when offer and acceptance are issues. Insert the appropriate bracketed phrases in the first paragraph as warranted by the evidence.
Use the bracketed paragraph when there is an issue of fact as to whether the seller “seasonably” notified the buyer that the shipment was offered only as an accommodation to the buyer.
COMMENT
This instruction is based on Ark. Code Ann. §§ 4-1-205(b) and 4-2-206(1).
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
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