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Ex. where mirror image rule isn't the mode of acceptance

Posted: Mon Dec 13, 2010 4:01 am
by irish017
In this case would the D be following the mirror imagine rule?

Offeror: I will give you $100 to paint my house.

Offeree: I accept your offer and will paint thy abode.

Is this an example of an offeree not using the mirror image rule but rather using a reasonably acceptable mode of acceptance?

It seems to me like it would since it is the acceptance of an offer without modifications.

Re: Ex. where mirror image rule isn't the mode of acceptance

Posted: Mon Dec 13, 2010 6:57 am
by skoobily doobily
irish017 wrote:In this case would the D be following the mirror imagine rule?

Offeror: I will give you $100 to paint my house.

Offeree: I accept your offer and will paint thy abode.

Is this an example of an offeree not using the mirror image rule but rather using a reasonably acceptable mode of acceptance?

It seems to me like it would since it is the acceptance of an offer without modifications.

Question does not compute.

Re: Ex. where mirror image rule isn't the mode of acceptance

Posted: Mon Dec 13, 2010 7:47 am
by Sogui
lol how are they teaching contracts in other schools?

Mirror-image only kicks in when UCC doesn't apply/opted-out, and when it does it only means that there is no valid contract where an offer and acceptance state different terms.

A: "I will pay you $100 to paint my house red"
B: "I accept, I will paint your house blue"

There's no contract there. If you say nothing and let B paint your house anyway, then last-shot rule kicks in and you have to pay B.

Re: Ex. where mirror image rule isn't the mode of acceptance

Posted: Mon Dec 13, 2010 4:42 pm
by irish017
lol/

k exam over.

didn't even need to know mirror image rule hence why i was so confused....we never went over it.

Re: Ex. where mirror image rule isn't the mode of acceptance

Posted: Mon Dec 13, 2010 6:30 pm
by random5483
Mirror image rule applies to common law / CISG. Does not apply to the UCC. Not sure exactly what you are asking, but since painting a house is a common law situation, the mirror image rule would apply.

The rule only requires that acceptance mirrors the offer. Basically, a qualified acceptance or an acceptance with even minor terms that are different is not an acceptance per the common law mirror image rule. The UCC discards the mirror image rule and has its own criteria for acceptances (laxer rules).