Under the UCC Sales Article, which of the following statements is correct regarding the 'Battle of the Forms' between two merchants?

Answer options:

Any additional terms in the acceptance automatically constitute a counteroffer, rejecting the original offer.

Additional terms never become part of the contract unless explicitly agreed to by the offeror.

Additional terms in the acceptance become part of the contract unless they materially alter it, the offer limited acceptance to its terms, or the offeror objects.

No contract is formed if the terms of the acceptance vary from the offer.

How to approach this question

UCC §2-207 abandons the Mirror Image rule. Between merchants, minor additions become part of the deal unless objected to.

Full Answer

C.Additional terms in the acceptance become part of the contract unless they materially alter it, the offer limited acceptance to its terms, or the offeror objects.✓ Correct

UCC §2-207 provides that between merchants, additional terms in an acceptance become part of the contract unless: (1) the offer expressly limits acceptance to its terms; (2) they materially alter it; or (3) notification of objection is given.

Common mistakes

Applying the Common Law Mirror Image rule to a sale of goods (UCC) scenario.

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