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See § 72(2) of the Restatement of Contracts, wherein it is stated: 'Where the offeree exercises dominion over things which are offered to him, such exercise of dominion in the absence of other circumstances showing a contrary intention is an acceptance. If circumstances indicate that the exercise of dominion is tortious the offeror may at his option treat it as an acceptance, though the offeree manifests an intention not to accept.'


The key is whether or not the offeror was reasonably led to believe that the act of the offeree was an acceptance. 

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