Northrop v. Litronic

Northrop v. Litronic - 3 Equates “different” with...

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Page: 212 Class Notes Case: Court / Date: Judge: Facts: Issue: Holding: Rule: Northrop Corp. V. Litronic Industries 7 th Cir. Ct. of App. (1994) J. Posner Litronic offered to sell Northrop printed wire boards in an offer that contained a 90-day warranty. Northrop’s return invoice contained an unlimited warranty. Northrop tried to return product after 90 days and Litronic refused to accept them. After a trial judgement for Northrop, Litronic appealed. Ct describes 3 views: 1) The discrepant terms in both the nonidentical offer and the acceptance drop out and default terms found elsewhere in the code fill the gaps. (majority view) 2) The offeree’s discrepant terms drop out and the offeror’s become part of the contract.
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Unformatted text preview: 3) Equates “different” with “additional”, and makes the outcome turn on whether the new terms of acceptance are materially different from the terms in the offer- in which case they operate as proposals, so that the offeror’s terms prevail unless he agrees to the varient terms in the acceptance. “leading minority view” The ct. adopted the majority view, noting that they would have preferred the “leading minority view”, but that they thought it would be reversed by a superior court. Whether the terms of the original offer should be binding, or the therms of the acceptance (containing additional or different terms) should hold. Affirmed See facts....
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This note was uploaded on 06/15/2009 for the course LAW 577 taught by Professor Staff during the Spring '08 term at Arizona.

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Northrop v. Litronic - 3 Equates “different” with...

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