Suppose B (merchant) sends purchase order to S (merchant). The purchase order contains the price, quantity, and delivery terms. S sends B an acknowledgement form with the same terms, but includes on the reverse side a fine print statement that "all disputes shall be resolved by binding arbitration."
For purposes of UCC 2-207(2)(b), would the arbitration clause become part of the K?
(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
3 posts • Page 1 of 1
- Posts: 463
- Joined: Wed Jul 14, 2010 2:46 pm
Jsa725 wrote:Arbitration clauses & liability clauses = courts generally say these materially alter the K...
Both would be dropped out if the K.
Correct, assuming B didn't then expressly accept those additional terms.
Who is online
Users browsing this forum: No registered users and 12 guests