Battle Of The Forms Flashcards
1
Q
Restatement Battle of the Forms
A
Mirror Image test - generally acceptance must mirror offer otherwise it is a rejection and counter-offer
2
Q
UCC Battle of the Forms
A
Acceptance even with additional terms (they are treated like proposals)
3
Q
Define Postponed Bargaining
A
An agreement to agree
If all parties have agreed to essential terms, then it may be a K
UCC provides for a “reasonable price”
4
Q
Discuss Electronic Contracting
A
Under general rules, the customer’s order is the offer and the seller shipping would be the acceptance (any additional terms would be mere proposals).
Courts are starting to adopt a commercial efficiency approach where the customer pays first and gets contract terms later. Examples include
- Shrinkwrap
- Clickwrap
- Browsewrap
