Page:United States Statutes at Large Volume 76A.djvu/213

–117– -117§ 1055. Mistake of foreign laws Mistake of foreign laws is a mistake of fact. § 1056. Mutuality of consent Consent is not mutual unless the parties all agree upon the same thing in the same sense; but in certain cases defined by chapter 35 of this title, relating to the interpretation of contracts, they are to be deemed so to agree without regard to the fact. § 1057. Communication of consent Consent may be communicated with effect, only by some act or omission of the party contracting, by which he intends to communicate it, or which necessarily tends to communication. § 1058. Communication of acceptance of proposal If a proposal prescribes conditions concerning the communication of its acceptance, the proposer is not bound unless they are conformed to; but in other cases any reasonable and usual mode may be adopted. § 1059. Completion of communication Consent is deemed to be fully communicated between the parties as soon as the party accepting a proposal has put his acceptance in the course of transmission to the proposer, in conformity to section 1058 of this title. § 1060. Acceptance of proposal Performance of the conditions of a proposal, or the acceptance of the consideration offered with a proposal, is an acceptance of the proposal. § 1061. Absolute or qualified acceptance An acceptance must be absolute and unqualified, or must include in itself an acceptance of that character which the proposer can separate from the rest, and which will conclude the person accepting. A qualified acceptance is a new proposal. § 1062. Time for revoking proposal A proposal may be revoked at any time before its acceptance is communicated to the proposer, but not afterwards. § 1063. Method of revoking proposal A proposal is revoked by: (1) communication of notice of revocation by the proposer to the other party, in the manner prescribed by sections 1057-1059 of this title, before his acceptance has been communicated to the former; (2) the lapse of the time prescribed in the proposal for its acceptance, or if no time is so prescribed, the lapse of a reasonable time without communication of the acceptance; (3) the failure of the acceptor to fulfill a condition precedent to acceptance; or (4) the death or insanity of the proposer. § 1064. Ratification of voidable contract A contract which is voidable solely for want of due consent, may be ratified by a subsequent consent. § 1065. Consent by acceptance of benefits A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, as far as the facts are known, or ought to be known, to the person accepting.

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