CODE OF VIRGINIA

OFFER AND ACCEPTANCE IN GENERAL (§ 59.1-502.3)

Unless otherwise unambiguously indicated by the language or the circumstances:

   (1.  An offer to make a contract invites acceptance in any manner and by any
   medium reasonable under the circumstances.

   (2.  An order or other offer to acquire a copy for prompt or current delivery
   invites acceptance by either a prompt promise to ship or a prompt or current
   shipment of a conforming or nonconforming copy. However, a shipment of a
   nonconforming copy is not an acceptance if the licensor seasonably notifies
   the licensee that the shipment is offered only as an accommodation to the
   licensee.

   (3.  If the beginning of a requested performance is a reasonable mode of
   acceptance, an offeror that is not notified of acceptance or performance
   within a reasonable time may treat the offer as having lapsed before
   acceptance.

   (4.  If an offer in an electronic message evokes an electronic message
   accepting the offer, a contract is formed:
               
            

      (A.  when an electronic acceptance is received; or

      (B.  if the response consists of beginning performance, full performance, or
      giving access to information, when the performance is received or the access
      is enabled and necessary access materials are received.

HISTORY: 2000, cc. 101, 996.