Rejection, Counteroffer, Death, Incapacity

It is worth noting that, in the case of an option contract, the offeree also retains the power to accept even if: (1) the offeree (a) makes a counteroffer, or (b) rejects the offer; or, (2) the offeror (a) dies, or (b) loses the capacity to contract. See Restatement (Second) Contracts ยง 37.

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