Battle of the Forms (2-207) question

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NYC2014
Posts: 101
Joined: Mon Mar 19, 2012 9:48 pm

Battle of the Forms (2-207) question

Postby NYC2014 » Sat Apr 28, 2012 9:45 am

I have in my outline that under the CL, an acceptance must look exactly like the offer to qualify (Restatement 59), but if it just requests a change to the offer, it's not invalid unless conditional (Restatement 61). I think that's pretty clear.

My question is that under the UCC, I have this:
K is created so long as the difference is not conditional or material (2-207).
-Added terms become part of K only if both are merchants (2-207(2)).

Attempted revision:
UCC 2-207: If it’s definitely acceptance, K is still created so long as difference is not conditional (C.O.).
- Added terms become part of K if non-material, both are merchants, and offeror doesn’t refuse.


I'm having trouble finding a concise/correct, several-sentence recapitulation of the rule, and would appreciate any help I could get.

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denardisgod
Posts: 16
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Re: Battle of the Forms (2-207) question

Postby denardisgod » Sat Apr 28, 2012 10:09 am

.
Last edited by denardisgod on Sun Jul 08, 2012 6:32 pm, edited 1 time in total.

NYC2014
Posts: 101
Joined: Mon Mar 19, 2012 9:48 pm

Re: Battle of the Forms (2-207) question

Postby NYC2014 » Sat Apr 28, 2012 10:14 am

'Preciate it. I think my attempted revision above comports with your analysis.




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