Acceptance Upon Performance

In one sentence

Accepting a contract by actually doing what was requested rather than saying yes.

Plain English

Sometimes a contract can be accepted not by saying "I agree" but by actually performing the requested action. This happens when an offer invites acceptance through conduct rather than words. For example, if someone offers a reward for finding a lost dog, you accept that offer by finding and returning the dog—you don't need to call and say "I accept your offer." Acceptance upon performance is complete once you've fully performed what was requested.

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Example

A homeowner posts a sign offering $200 for anyone who finds her lost cat. A neighbor finds the cat and returns it. By performing the action requested in the offer, the neighbor has accepted the contract and is entitled to the $200 reward.

Used in a sentence

“The customer accepted the offer upon performance by completing the work as specified.”

Related terms

Contract

A legally binding agreement between two or more parties to do or not do something.

Offer to Treat

A preliminary invitation to negotiate, not a binding offer to enter into a contract.

Invitation to Offer

A request or display that invites others to make an offer, not an offer itself.

Breach

A failure to do what a contract requires, such as not paying or not delivering.

Executory

A contract in which one or both parties still have duties to perform in the future.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

Consideration

Something of value exchanged by each party to make a contract binding.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.