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Terms in this set (39)

o The mirror image rule requires that the terms of the acceptance exactly match those of the offer. A contact is formed if the offerees response indicates a definite acceptance of the offer, even if the acceptance includes terms additional to or different from those contained in the offer
o Rules when one party or both parties are Nonmerchants
The contract is formed according to the terms formed in the original offer and doesn't include any of the additional terms in the acceptance
o Rules when both parties are Merchants
Both parties exchange separate standard forms containing different contract forms, and the additional terms automatically become part of the contract unless one of the following arises
• 1. The original offer expressly limited acceptance to its terms
• 2. The new or changed terms materially alter the contact
• 3. The offeror objects to the new or changed terms within a reasonable period of time
o Conditioned on Offeror's Assent
Regardless of merchant status the UCC provides that the offeree's response cannot be constructed as an acceptance if it contains additional or different terms and is expressly conditioned on the offeror's assent to those terms
o Additional Terms may be stricken
The fact that a merchant's acceptance frequently contains terms that add to or even conflict with those of the offer is often referred to as the "battle of the forms". All though the UCC tries to eliminate this battle, the problem differing contract terms still arises in commercial settings, particularly when standard forms are used