How consent is communicated

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28-2-501. How consent is communicated. (1) Consent can be communicated with effect only by some act or omission of the party contracting by which the party intends to communicate it or that necessarily tends to the communication.

(2) If a proposal prescribes any conditions concerning the communication of its acceptance, the proposer is not bound unless the conditions are conformed to. However, in other cases, any reasonable and usual mode in conformity with subsection (1) may be adopted.

History: En. Secs. 2126, 2127, Civ. C. 1895; re-en. Secs. 4987, 4988, Rev. C. 1907; re-en. Secs. 7489, 7490, R.C.M. 1921; Cal. Civ. C. Secs. 1581, 1582; Field Civ. C. Secs. 766, 767; re-en. Secs. 7489, 7490, R.C.M. 1935; R.C.M. 1947, 13-317, 13-318; amd. Sec. 15, Ch. 117, L. 1979; amd. Sec. 777, Ch. 56, L. 2009.


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