Acceptance of an offer may depend on whether a contract is subject to the Unifor
ID: 348731 • Letter: A
Question
Acceptance of an offer may depend on whether a contract is subject to the Uniform Commerial Code (UCC) or not. For instance, a contract to play piano for a wedding is not a sale of goods, and isn't subject to the UCC. But a sale of the piano between merchants is a sale of goods, and is subject to the UCC.
1. Let's say Walter and Sally offer you $100 so play piano at their wedding. You agree, but ask that they also pay for the sheet music you want to play. Explain the common law MIrror Image Rule and whether you have a contract on the terms originally offered.
2. Now let's say you own a piano store, and offer a $5000 grand piano for sale on Craigslist, cash only, with the buyer to pay all moving expenses. A local piano distributor responds and says he'll buy it, but wants you to split the cost of moving it to his store.
Do you have a contract? If so, does it include the original terms or the additional terms offered by the buyer? Explain the UCC Battle of the Forms, including when additional terms do NOT create a contract.
Explanation / Answer
1.Common law mirror image rule is in the law of contracts which specifies total and absolute acceptance of the offer with no changes or modifications.ie The person who offers is the master and if the offer is accepted with differnt terms and conditions then it is rejecting the original offer and giving counter offer. On The terms originally offfered there is no contract as i have not accepted tthe original offer and there is no agreement to the proposed terms .
2.A contract is formed if the acceptance of the offfer is unequivocal ie there is agreement on primary or material terms by the buyer .
.Since both parties are merchants additional and different terms become a part of contract ie I send the piano to the paino distributor(buyer)and it is accepted by him then the additional terms ie splitting the moving costs is part of contract and as a seller I can also exclude expressly the splitting of moving costs from the contract and if i sent now the piano and it is accepted by the buuer ie piano distributor then he is agreed to terms of original offer .
UCC battle of forms says that mirror image rule does not apply to sale of goods.