Question

Able Co. entered into a contract with Baker Co. for the sale of goods. Both parties are merchants under the UCC and each party used its own form as an offer and acceptance. On the reverse of each form, there were minor terms that conflicted with each other. What is impact of these minor differences in terms in the forms on the contract?

a. There is no contract here because there is a discrepancy between the standard forms used by the two companies.
b. There is no contract here because there is no "meeting of the minds."
c. A contract does exist is favorable tot he third party beneficiaries who can take advantage of the situation.
d. A contract does exist and it includes the terms agreed upon plus gap-fillers from the UCC.

Answer 1

Answer:

Correct answer is:

d. A contract does exist and it includes the terms agreed upon plus gap-fillers from the UCC.

Explanation:

Compared to Common Law, UCC provides relaxation of various contract formation requirements. In UCC, mirror image acceptance is not necessary; quantity terms are required but other terms may be filled in with gap fillers.  

As such option d is correct and options b and c are incorrect.

Discrepancies were minor terms. Hence option a is incorrect.