Sandy, a consumer, sent a purchase order for a special blender to Whirpool Inc.
ID: 420960 • Letter: S
Question
Sandy, a consumer, sent a purchase order for a special blender to Whirpool Inc. The order was silent regarding how many extraordinary features the blender was capable of performing. Whirlpool Inc. sent back a definite, unconditional acceptance that contained an additional term which stated that the blender will only guarantee three extraordinary features. Sandy received the acceptance, but she never agreed or objected to the additional term.
1.) Did Whirlpool's acceptance form a contract between Sandy and Whirlpool?
2.) For this question only, assume that a contract is formed, was the additional term in the acceptance part of the contract?
a. No, because there was no mutual assent regarding the exact terms of the offer.Explanation / Answer
1. The answer is given below:
Yes, under Article II of the UCC, a definite unconditional acceptance may form a contract even if it proposes an additional term.
According to section 2- 207(1) assumes that additional terms added in the contract are accepted by the other party when sent within a reasonable time. Unless that proposal has been rejected by the other party.
2. The answer is given below:
a. No, because between merchants, the additional term does not become part of the contract unless the offeror agrees to it.
According to section 207(2) the additional terms is a part of the contract until the offeror rejects the same.
d.Yes, under Article II of the UCC, a definite unconditional acceptance may form a contract even if it proposes an additional term.
According to section 2- 207(1) assumes that additional terms added in the contract are accepted by the other party when sent within a reasonable time. Unless that proposal has been rejected by the other party.
2. The answer is given below:
a. No, because between merchants, the additional term does not become part of the contract unless the offeror agrees to it.
According to section 207(2) the additional terms is a part of the contract until the offeror rejects the same.
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