O.C.G.A. § 11-2-206 (2019)
Offer and acceptance in formation of contract
(1) Unless otherwise unambiguously indicated by the language or circumstances:
(a) An offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances;
(b) An order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or nonconforming goods, but such a shipment of nonconforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.
(2) Where 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
Code 1933, § 109A-2-206, enacted by Ga. L. 1962, p. 156, § 1.
Annotations
Law reviews. For comment on Fender v. Colonial Stores, Inc., 138 Ga. App. 31, 225 S.E.2d
691 (1976), see 28 Mercer L. Rev. 751 (1977). For comment, “Boats Against the Current: the Courts and the Statute of Frauds,” see 47 Emory L.J. 253 (1998).
RESEARCH REFERENCES Am. Jur. 2d. 67 Am. Jur. 2d, Sales, §§ 140-152. Am. Jur. Pleading and Practice Forms. 6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:38. C.J.S. 77A C.J.S., Sales, § 29 et seq. U.L.A. Uniform Commercial Code (U.L.A.) § 2206. ALR. Acceptance of offer with condition which law would imply, 1 A.L.R. 1508. Acknowledging receipt of order for goods as an acceptance completing the contract, 10 A.L.R. 683. Acting on order for goods as an accep-
tance thereof, 19 A.L.R. 476; 29 A.L.R. 1352. Time when offer or proposition is mailed, or when it is received through mail, as commencement of period allowed for acceptance, 72 A.L.R. 1214. Silence when offer is made or failure to reject it as an acceptance which will consummate a bilateral contract, 77 A.L.R. 1141. Construction and application of UCC § 2-201(3)(c) rendering contract of sale enforceable notwithstanding statute of frauds with respect to goods for which payment has been made and accepted or which have been received and accepted, 97 A.L.R.3d 908.