A. What is the common law mirror image rule?
b. How does the UCC Battle of the Forms provision vary from the common law mirror image rule?
c. In situations where the UCC Battle of the Forms provision applies and writings exchanged between the parties differ as to terms, how are the terms of the contract determined?
a. The common law mirror image rule states that an acceptance cannot deviate from the terms of the offer.
b. A definite expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.
c. In such cases, the terms of the particular contract consist of those terms on which the writings of the parties agree. Whether other terms become part of the contract depends on whether they are additional or different terms, whether the terms materially alter the offer, and whether the parties are merchants. If both offeror and offeree are merchants, additional terms become part of the contract unless they materially alter the agreement or are objected to within a reasonable period of time. If both parties are not merchants or if the additional terms materially alter the offer, the additional terms are construed as proposals to the contract. Different terms proposed by the offeree will not become part of the contract unless the offeror accepts them.
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