Contracts

A West Virginia buyer makes an offer specifying that acceptance must be received by 5:00 PM on Friday. If the seller accepts at 6:00 PM on Friday, the acceptance is:

AValid because it was the same day
BA counteroffer, not an acceptance of the original offer✓ Correct
CVoid only if the buyer can prove prejudice
DBinding if communicated to the buyer's agent before midnight

Explanation

When an offeror specifies a deadline for acceptance, the offer automatically expires at that deadline. An acceptance received after the deadline is legally a counteroffer, not an acceptance of the original offer.

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