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 Generally, 'in order for an acceptance to be effective, it must comply with the terms of the offer and be clear, unambiguous and unequivocal.' King v. King, 208 A.D.2d 1143, 617 N.Y.S.2d 593, 594 (N.Y. App. Div. 1994); see also 2 Williston on Contracts § 6:10 (4th ed. 2007) ('As a general principle, at common law an acceptance, in order to be effective, must be positive and unambiguous.'). When an offeree communicates 'an acceptance [that] is ambiguous or equivocal-that is, an acceptance that a reasonable person could view as assent, rejection, or an invitation to bargain further . . . it is the offeror's reaction to that ambiguous acceptance that controls whether the parties have entered into a contract.' Johnson, 629 F. Supp. 2d at 330.


By their nature, equivocal responses are capable of being understood either as the offeree apparently intends them . . . or as the offeror might apparently understand them. . . . To the extent that either interpretation is plausible, the offeree can hardly complain if the offeror understands the communication as the offeree apparently intended; and the offeror who reasonably treats an equivocal response as an acceptance may ...

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