This preview shows page 1. Sign up to view the full content.
Unformatted text preview: e. The latter refers to a
subject not mentioned in the offer, while in the former case the acceptance treats some subject
differently than the offer does. Under 2-207, why does this distinction matter?
It matters because 2-207 does not apply to the “different terms” situation.
It matters because, while additional terms can become part of the contract, it isn’t clear what
terms apply in “different terms” situations.
It matters because 2-207 explicitly says that there’s no contract in the “different terms”
The distinction doesn’t matter; 2-207 treats additional terms and different terms in exactly the
457. UCC section 2-207 (the Code’s “battle of the forms” provision) says that additional terms in the
acceptance are part of the contract when both parties are merchants, UNLESS:
the offer expressly limited acceptance to its own terms.
the additional terms materially altered the offer.
the offeror gave notice of his objection to the additional terms within a reasonab...
View Full Document
- Fall '12
- The Lottery