An offer can only ripen into a contract by being accepted 16 by the person (or one of the persons) to whom it was made. To make a contract the acceptance must be one of the exact terms contained in the offer. A modified acceptance is merely a rejection of the first offer and the making of a new offer in return.

The acceptance must be made within a reasonable time after the receipt of the offer.17 The acceptance must be communicated to the party making the offer or his authorized agent.

The acceptance as well as the offer may be by implication; for example if one person asks another to perform a service for him, with either an express or an implied offer to pay for the same, and the second person, performs such service, his acceptance of the offer is implied from his conduct.18 Sending goods in accordance with an order is an acceptance of the order.19

In contracts which come under the statute of frauds, the acceptance must be in writing in order to bind the acceptor.