Battle of the Forms (2-207) question
Posted: 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.
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.