Acceptance in contract law can occur through instantaneous

Assignment Help Other Subject

Reference no: EM133812181

Question

Acceptance in contract law can occur through instantaneous communication, forming an immediate contract, or via the Mailbox Rule, where acceptance is valid upon dispatch. The Mirror Image Rule requires acceptance to match the offer's terms, with minor differences allowed; otherwise, it constitutes a rejection and counteroffer. An offer's acceptance power terminates if it expires or is rejected. Under UCC 2-206, the Mirror Image Rule is not applied, allowing reasonable acceptance methods, including the shipment of goods, even if nonconforming, which can also serve as a counteroffer. UCC 2-207 addresses the "Battle of the Forms," where for non-merchants, the original offer prevails, while for merchants, additional terms are included unless they materially alter the offer, are expressly rejected, or acceptance is conditional on new terms. Conflicting terms are nullified by the "knockout rule," with UCC gap fillers applied. Contracts can be unilateral, accepted by performance, or bilateral, accepted by exchanging promises, and must show mutuality of assent, indicating a "meeting of the minds."

Reference no: EM133812181

Questions Cloud

Reasonable person would evaluate as being offensive : Harm in this tort would qualify as something a reasonable person would evaluate as being offensive. The scenario shows that the plaintiff acted with objective

Contract calls for liquidated damages : A contract calls for liquidated damages of $1,000 per day on late delivery of goods. The total value of the contract is $3200 and the goods are five days late.

Defendant damages property in efforts of saving themselves : Necessity is a defense that applies when a defendant damages property in efforts of saving themselves, others, or their personal property.

Bargained for exchange or suitable alternative : Condense this paragraph Consideration in contract law requires a bargained for exchange or a suitable alternative.

Acceptance in contract law can occur through instantaneous : Acceptance in contract law can occur through instantaneous communication, forming an immediate contract, or via the Mailbox Rule,

Vesting of Rights : Vesting of Rights: Generally speaking, the contracting parties can rescind the contract until the rights of the third party vest.

Particularly in the brake repair department : A state consumer agency has received complaints about a car repair service, particularly in the brake repair department.

Solicitors have to their employees and clients : Identify and explain what duty of care law firms and Solicitors have to their employees and clients.

Received complaints about car repair service : A state consumer agency has received complaints about a car repair service, particularly in the brake repair department,

User Account

All Pages