Pete can accept Hank's offer to paint his house by either promising to complete the work or by beginning performance. This is a bilateral contract that allows for acceptance through promise or performance. Once Pete has completed 25% of the work by hiring a crew, buying paint, and starting the project, he has legally accepted the offer through performance. At this point, Hank can no longer revoke the offer since Pete has begun substantial performance and not just preparation.
Pete can accept Hank's offer to paint his house by either promising to complete the work or by beginning performance. This is a bilateral contract that allows for acceptance through promise or performance. Once Pete has completed 25% of the work by hiring a crew, buying paint, and starting the project, he has legally accepted the offer through performance. At this point, Hank can no longer revoke the offer since Pete has begun substantial performance and not just preparation.
Pete can accept Hank's offer to paint his house by either promising to complete the work or by beginning performance. This is a bilateral contract that allows for acceptance through promise or performance. Once Pete has completed 25% of the work by hiring a crew, buying paint, and starting the project, he has legally accepted the offer through performance. At this point, Hank can no longer revoke the offer since Pete has begun substantial performance and not just preparation.
The two issues are clearly laid out in the question.
First, what must Pete do to accept
Hank’s offer? Secondly, can Hank revoke his offer? The UCC supplants the common law in the sale of moveable goods. Services are not goods, therefore the UCC does not apply to this transaction. Although the painter will buy paint to complete the work, this paint is not referenced in the offer and therefore does not override the fact that this is a transaction about a service. Further, even if paint was referenced, it does not dominate the transaction. The first issue is what does Pete have to do to accept Hank’s offer? The first question to answer this more significant issue is whether this is a unilateral or bilateral contract. A unilateral contract invites performance and can only be accepted by performance. A bilateral contract can invite either a promise on the part of the offeree or performance. The offer as described does not specify whether a return promise or simply performance is requested. Therefore, this is a bilateral contract that can be binding by Pete’s acceptance, by promise or performance. The second issue is can Hank revoke his offer? To clarify, it appears this question of revocation is at the time that Pete has already completed 25% of the work. When a bilateral contract does not specify that acceptance requires a return promise or performance, either is acceptable. In this case, Pete has started performance by hiring a crew, buying paint and completing a substantial portion of the project. Since performance is underway, not “mere preparation”, such as picking paint colors or talking about the job with prospective subcontractors, Pete has legally accepted the offer. At this time Hank cannot revoke the offer.