Wednesday, October 10, 2012

MBE Fast Fact: Acceptance under the UCC

It's important to recall that the UCC has changed the rules in regards to accepting an offer. If additional terms are added to the acceptance, and those terms do not materially alter the offer, then those terms will become a part of the contract, unless either the offeror objects to those terms within a reasonable time, or the offeror has stated in his offer that only the terms in his offer could be accepted. (Distinguish this from the common law, in which the "mirror image rule" applies.) So, let's assume the offeror has stated in his offer that only the specific terms stated in the offer could be accepted. The offeree then goes ahead and accepts the offer but attempts to add additional terms that were not mentioned in the offer. What is the result? Under these facts, you should realize that the offeree has just accepted the offer, but he has accepted them under the terms stated in the offer, and the additional terms stated by the offeree will be given no effect.

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