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84-2a-206. Offer and acceptance in formation of lease contract. (1) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.

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

History: L. 1991, ch. 295, § 15; February 1, 1992.

KANSAS COMMENT, 1996

1. Under subsection (1), a party may accept an offer in any manner and by any reasonable medium. Under subsection (2), an offeree who accepts an offer by beginning performance must give notice within a reasonable time or the offeror may treat the offer as having lapsed. The source for both these provisions is section 84-2-206. See 1996 Kansas Comments 1, 2, & 3 to 84-2-206 for further discussion. This section omits, as inconsistent with leasing practices, paragraph (1)(b) of section 84-2-206, which provides that an offer to buy goods for prompt or current shipment can be accepted either by a promise to ship or by the shipment of the goods.

2. Article 2A also omits section 84-2-207 on acceptances that vary the terms of the offer; that section abolished the common law mirror-image rule of offer and acceptance. See 1996 Kansas Comments to 84-2-207. Application of the section has been problematic, the section has been severely criticized, and it does not appear in Article 2A. Problems of acceptance varying offer do arise in the leasing context, however, and the proper resolution of such cases under Article 2A is uncertain. See William H. Lawrence & John H. Minan, The Law of Personal Property Leasing ¶ 3.03 (1993 & Supp. 1996), for a discussion of the options.


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