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Under Article 2, when an offeree proposes additional or different terms during acceptance, what will the court apply to determine whether the additional or different terms become part of the contract?

A The battle of the forms provision

B The mailbox rule

C Gap fillers

D The mirror image rule

1 Answer

1 vote

Final answer:

Under Article 2 of the UCC, the court applies the mirror image rule to determine whether additional or different terms become part of the contract.

Step-by-step explanation:

Under Article 2 of the Uniform Commercial Code (UCC), when an offeree proposes additional or different terms during acceptance, the court will apply the mirror image rule to determine whether the additional or different terms become part of the contract. The mirror image rule requires that the terms of acceptance must exactly match the terms of the offer, without any additional or different terms.

For example, if an offeror offers to sell 100 widgets at $10 each, and the offeree accepts but proposes to purchase 150 widgets at $8 each, the mirror image rule would not consider the acceptance to be valid because it contains additional and different terms.

Therefore, the court would not enforce the additional or different terms proposed by the offeree, and the contract would not include those terms.

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