California Codes
Cal. Civil Code § 1582 (2026)
✓ current as of May 2026
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If a proposal prescribes any 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.
Notes of Decisions
Cited in 20
cases (2 in the last 5 years), 1948–2024 · leading case: Pac. Corp. Grp. Holdings v. Keck, 232 Cal. App. 4th 294 (Cal. Ct. App. 2014).
Pac. Corp. Grp. Holdings v. Keck, 232 Cal. App. 4th 294 (Cal. Ct. App. 2014). “‘If a proposal prescribes any 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’ (Civ. Code, § 1582). ‘Care must be taken in the interpretation of…”
Ersa Grae Corp. v. Fluor Corp., 1 Cal. App. 4th 613 (Cal. Ct. App. 1991). “925 ]; Civ. Code, §§ 1582, 1583.) All further statutory references are to the Civil Code.”
Brown v. Labow, 69 Cal. Rptr. 3d 417 (Cal. Ct. App. 2007). “Holcomb and Ms. Smith then apparently discussed new terms that would be raised under an alternative agreement.”
King v. Stanley, 197 P.2d 321 (Cal. 1948). “(Civ. Code, §§ 1582, 1583). There is no merit in the contention that the court could not ascertain with reasonable certainty from the writings of the parties the duty of each and the conditions of performance.”
Vineyard Brands, Inc. v. Oak Knoll Cellar, 587 A.2d 77 (Vt. 1990). “” Cal. Civ. Code § 1582 (West 1982). Defendant maintains that the omission of an instruction on this point was erroneous and prejudicial.”
Hofer v. Young, 95 Cal. Daily Op. Serv. 7128 (Cal. Ct. App. 1995). “(Civ. Code, § 1582.) Here, the statutory offer was served by mail, but it did not prescribe any mode of communicating an acceptance.”
Dawson v. Goff, 273 P.2d 1 (Cal. 1954). “’ ’ (Civ. Code, § 1582.) “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 the last section.”
Jenkins v. Tuneup Masters, 190 Cal. App. 3d 1 (Cal. Ct. App. 1987). “499 ; Civ. Code, § 1582.) Where the mode of acceptance is prescribed it must be strictly followed.”
Riverside Fence Co. v. Novak, 273 Cal. App. 2d 656 (Cal. Ct. App. 1969). “(Civ. Code, §1582; Vezaldenos v. Keller, 254 Cal.”
Mason v. Mercury Cas. Co., 64 Cal. App. 3d 471 (Cal. Ct. App. 1976). “(Civ. Code, § 1582.) *476 Although it is unnecessaiy to consider appellant’s contentions regarding the order granting a new trial, we note with approval the trial court’s careful review of the evidence and specification of reasons in support of its order.”
Est. of Klauenberg, 32 Cal. App. 3d 1067 (Cal. Ct. App. 1973). “Unless a specific condition is imposed as to the method of communicating acceptance, any reasonable and usual mode may be adopted (Civ. Code, § 1582). Performance and acceptance of the consideration constitute alternate modes of acceptance (Civ.”
Lawrence v. Settle, 182 Cal. App. 2d 386 (Cal. Ct. App. 1960). “) Civil Code, section 1582, provides: “Mode of Communicating Acceptance of Proposal.”
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