Acceptance: The 2nd Element Needed in Order to Constitute a Binding Contract

handshake-220233_960_720In my 1st blog dealing with contracts, I covered 1st element of a contract which is “Offer”.

As I noted there are 5 basic elements needed in order to constitute a binding contract. These elements are: (1) offer; (2) acceptance; (3) consideration; (4) mutuality of obligation meaning both parties must be bound to perform their obligations; (5) competency and capacity to enter into a contract.

Today, we will deal with the 2nd element, “Acceptance”. “Acceptance” is defined as:

An express act or implication by conduct that manifests assent to the terms of an offer in a manner invited or required by the offer so that a binding contract is formed. The exercise of power conferred by an offer by performance of some act. The act of a person to whom something is offered or tendered by another, whereby the offeree demonstrates through an act invited by the offer an intention of retaining the subject of the offer. In essence, “acceptance” is one person’s compliance with the terms of an offer made by another. It occurs in the law of insurance when an insurer agrees to receive a person’s application for insurance and to issue a policy protecting the person or company against certain risk, such as fire or theft. (more…)

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Are You Carrying an “Eavesdropping Device” in Your Pocket?

CellphoneIn a recent episode of the CBS television drama “The Good Wife”, characters used devices such as smartphones, to surreptitiously record conversations with others. While the storyline did not include these people facing liability for their actions, this depiction of events caused me to think back to Don Kelly’s previous blog post about the everyday liability traps posed by the Illinois Eavesdropping Statute!”

By way of reminder, the Illinois Eavesdropping Statute is an Illinois criminal law, but it can still trigger civil liability for violations. As a result, individuals and businesses are at risk of incurring liability under the statute for noncompliance based upon everyday activities. In this post, I will focus on what constitutes an “eavesdropping device” under the law.

According to the Illinois Eavesdropping Statute, an “eavesdropping device” is defined as follows:

“an eavesdropping device is any device capable of being used to hear or record oral conversation or intercept, or transcribe electronic communications whether such conversation or electronic communication is concluded in person, by telephone, or by any other means; provided, however, that this definition shall not include devices used for the restoration of the deaf or hard of hearing to normal or partial hearing.” (more…)

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Resource of the Week: Feedly

Friday web bitsIt’s official. Feedly is awesome. I’ve experimented with various RSS aggregators on occasion, but since I stumbled upon Google Reader several years ago, nothing has come along to convince me to change. It’s not that Google Reader has a great user interface or fun bells and whistles. But it does serve up content in an organized way that makes sense for me.

Then Google announced it was pulling the plug on the reader. With just a couple months to go before Google Reader’s final days, I recently decided that I’d better start looking around for a replacement. Since people have gone over to Feedly in droves, I decided to give it a try.

Although I’d downloaded the Feedly app long ago, I’d never taken the trouble to move RSS feeds to it. But to my great surprise, Feedly has rolled out the welcome mat for Google Reader users, so I was able to easily import all my feeds and keep the organization I’ve spent so much time tweaking.

Unlike Google Reader, Feedly does have a great user interface and organizes and displays content in a much more attractive format. If you haven’t tried it out, what are you waiting for?

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Social Media Recruiting Exposes Employers to Liability Risks

Recruiters and Employers Increasingly Look for Job Candidates by Social Media

Recruiting experts have noticed significant growth in the use of social media as a recruiting tool. The vast majority of employers and search firms admit to their use of social media in the recruiting process. They further expect its growth to continue. Check out the social media recruiting stats here and how not all social media prove equally valuable as a recruiting tool here. (more…)

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The U.S. Supreme Court’s Health Care Law Decision: Tips for Small Businesses and a Glance at the Media Circus

Supreme Court's healthcare decision

The U.S. Supreme Court’s decision upholding Obama’s health care law has something for everyone — patients, doctors, insurance companies, politicians, court watchers, and news addicts, among others. The decision was historic on many levels and the reporting of it was historic as well. There is much talk about the law’s fate, but most agree it is mostly here to stay in some form for some time, no matter who gets elected to the White House and Congress in November. For a quick guide to some key provisions important to small businesses, click here for an article by Rhonda Abrams of USA Today. (more…)

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Welcome to the Blog for Business Law

ribbon cutting post

Where do you go when the law affects your business, and you need some quick information? The Blog for Business Law is just such a place — a quick and dirty resource for information about business and law. The blog is a project of the business lawyers of Evans & Dixon, L.L.C., a law firm headquartered in St. Louis, Missouri. The Business Services group at Evans & Dixon is growing and on the move, and we’re excited to launch this new forum of discussion and discovery.

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