2-207 (2)(a) question

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
User avatar
beta
Posts: 123
Joined: Mon Aug 15, 2011 1:59 pm

2-207 (2)(a) question

Postby beta » Sun Dec 09, 2012 4:48 pm

under 2-207 (2)(a), if an OFFEROR limits acceptance to its terms, and an acceptance adds terms--is there no K because the acceptance is a counteroffer? or the additional terms just don't come in?

thanks in advance :)

nyg22
Posts: 32
Joined: Sun Dec 09, 2012 2:31 am

Re: 2-207 (2)(a) question

Postby nyg22 » Sun Dec 09, 2012 4:53 pm

If you are in 2-207(2), there is ALWAYS a K.

So the analysis would be - there is a K on agreed terms according to (1). Any additional or different terms fall out because of offeror's limitation on acceptance. Also, this only applies to contracts "between merchants", as any additional terms would be proposals if not between merchants. Although, the result would be the same as the limitation would negate any proposal.

User avatar
beta
Posts: 123
Joined: Mon Aug 15, 2011 1:59 pm

Re: 2-207 (2)(a) question

Postby beta » Sun Dec 09, 2012 5:09 pm

ok that's what i thought. thanks!




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: ididntwantsalmon and 4 guests