Legal Definitions - express acceptance

Express acceptance occurs when a party clearly and directly communicates their agreement to the terms of an offer, either verbally or in writing. This form of acceptance leaves no room for doubt or interpretation, as it is explicitly stated rather than implied by actions or silence.

Here are some examples illustrating express acceptance:

• Job Offer Confirmation: After interviewing for a marketing position, Sarah receives an email from the company stating, "We are pleased to offer you the position of Marketing Coordinator with an annual salary of $60,000, effective July 1st. Please reply to this email to confirm your acceptance by Friday." Sarah replies, "Thank you for the offer! I happily accept the position of Marketing Coordinator under the terms outlined."

  Explanation: Sarah's email reply is a clear and direct written statement explicitly agreeing to all the terms of the job offer, demonstrating express acceptance.

• Verbal Service Agreement: A homeowner contacts a landscaping company for a quote to redesign their garden. The landscaper presents a detailed proposal outlining the scope of work, materials, and total cost. The homeowner reviews it and verbally tells the landscaper, "This looks great, I agree to your proposal. Let's schedule the work for next month."

  Explanation: The homeowner's verbal statement, "I agree to your proposal," is an unambiguous and direct communication of their acceptance of the landscaper's offer, making it an express acceptance.

• Online Terms and Conditions: When purchasing software online, a user is presented with a "Terms of Service" agreement and a checkbox labeled "I have read and agree to the Terms of Service." The user clicks the checkbox and then clicks the "Purchase" button.

  Explanation: By actively clicking the checkbox, the user is making a clear and direct digital statement of their agreement to the terms presented, which constitutes express acceptance.