How a court will decide effect of the purported acceptance

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Reference no: EM13767025

Question One: Assume that Merchant A submits an offer to Merchant B. Merchant A used his own form for the offer. Assume that Merchant B, intending to accept the offer, responded by sending his own form. Merchant B's form contained terms that were not contained in Merchant's A offer. Please identify the UCC law that will be applied to this scenario and explain how a court will decide the effect of the purported acceptance and which, if any, of the additional terms will be viewed as part of a contract between Merchants A and B.

a) The law that will be applied. . . .

b) The court will decide the effect of the the purported acceptance in the following way: . . .

c) The additional terms . . .

Question Two: Contract law requires proof that the offeree 'intended' to accept the offer. It is not an uncommon defense for the offeree to allege that she did not intend to accept the offer. She might argue that she didn't even know that an offer was being made, or that when signing the document she failed to read all of the terms, or that she did read all of the terms but did not understand certain ones. Explain how an offeror prove that the offeree did intend to accept a particular offer if the offeree contended:

a) She was only joking:

b) She didn't know that an offer was being made:

c) She knew she was signing an offer but he didn't read all of the terms:

d) She did not understand some of the terms and conditions:

Reference no: EM13767025

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