Battle Of The Forms

Question 1

Under the common law — — —, acceptance had to match the terms of the offer

Answer 1

Mirror image rule

Question 2

True or False: a contract under the UCC must comply with the mirror image rule

Answer 2

False. The UCC has modified the common law by allowing a contract even if acceptance states additional or different terms from the offer

Question 3

What conditions must be met for battle of the forms to begin

Answer 3

Acceptance must contain additional or different terms to the offer. Acceptance must be definite and seasonable. Acceptance must not be expressly made conditional on assent to the new terms

Question 4

How does the statement of additional terms work?

Answer 4

They are construed as proposals for additions. However, they will become a part of the contract if between merchants. There are exceptions

Question 5

3 reasons additional terms will not become part of the contract when between merchants

Answer 5

1) offer limits acceptance
2) terms materially alter contract
3) objection is given within reasonable time

Question 6

When acceptance proposes DIFFERENT terms, what happens?

Answer 6

It depends. If comment three of the UCC is adopted, then the different terms are judged under the same criteria as additional terms.

If it has not been, the terms “knock each other out”, and gap fillers are used