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Source Offer and Acceptance Complete Delaware Bar Exam Topic Index List Matched to this deck.

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0 tracked cards Delaware Essays

Clinic's administrator emailed DataCo, "Please send this month's patient-volume report for board review, the same report we bought from you last year." DataCo replied, "We can run it for the same $2,000 price and will send the package Friday." Clinic received the report package, opened it, used the data in a board presentation, and said nothing for 30 days.
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Clinic did not accept because the prior year's paid report cannot inform this year's reasonable understanding. Clinic accepted only if DataCo proved the administrator expressly said `I accept.` Clinic's retention of the report matters only to damages, never to assent. The recipient's silence and retention of benefits may operate as acceptance when the recipient had reason to understand payment was expected and had a reasonable opportunity to reject.

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