Question

11. a. What is the common law mirror image rule? b. How does the UCC Battle...

11.

a.

What is the common law mirror image rule?

b.

How does the UCC Battle of the Forms provision vary from the common law mirror image rule?

c.

In situations where the UCC Battle of the Forms provision applies and writings exchanged between the parties differ as to terms, how are the terms of the contract determined?

0 0
Add a comment Improve this question Transcribed image text
Answer #1

a- Common law mirror image rule- The matching of the terms of the acceptance with those of the offer in the context of formation of the contract is called as the common law mirror image rule. Historically, it stood exactly s stated. But in the contemporary times, it may go with some minute/ negligible alterations variations or discrepancies.

b- Goods/ products come under the purview of UCC whereas common law mirror image rule applies to the land and the services.

The additional terms with reference to the cases of goods and products, (Article 2 of UCC) the contract still occurs and fructified. The additional terms are treated to be the proposals.

The quantity of the product, price of the product, dispute handling mechanisms, breach and the attorney fees provisions are the parameters related in this context.

c- There will be the formation of the contract even if the standard terms differ. Second writing tends to be an acceptance when the additional terns exist. The inadequacy of the last shot rule thus evaporates.

There will be a fine considerable distinction between the final terms of the first document and that of second document. Additional terms and the distinguished terms are not the part of the contract.

Add a comment
Know the answer?
Add Answer to:
11. a. What is the common law mirror image rule? b. How does the UCC Battle...
Your Answer:

Post as a guest

Your Name:

What's your source?

Earn Coins

Coins can be redeemed for fabulous gifts.

Not the answer you're looking for? Ask your own homework help question. Our experts will answer your question WITHIN MINUTES for Free.
Similar Homework Help Questions
  • Describe how common law rules for perfect tender, mirror image and other contract requirements are relaxed...

    Describe how common law rules for perfect tender, mirror image and other contract requirements are relaxed under the UCC to facilitate sales and commerce.

  • Where does the UCC derive from? What can it do for merchants that the common law...

    Where does the UCC derive from? What can it do for merchants that the common law can't in terms of contract formation, performance and remedies? And what value do warranties have over the common law principles of negligence and strict liability?

  • 44. Agreements under the “Statute of Frauds” must: a. be in writing b. be for under...

    44. Agreements under the “Statute of Frauds” must: a. be in writing b. be for under $100.00 c. be on legal paper d. be notarized e. all of the above f. a and d only 45. An “illegal agreement” is one that will not be enforced because it violates: a. mirror reflection rule b. statutory law c. mutual rescission d. discord and satisfaction e. all of the above 46. The “parole evidence rule” related to contracts may refer to: a....

  • 1.Criminal and civil court cases are different. Consider these two business cases. (i) Civil- In the...

    1.Criminal and civil court cases are different. Consider these two business cases. (i) Civil- In the Liebeck v. McDonald’s case, a woman sued McDonald’s for serving hot coffee. The woman spilled hot coffee on her lap while trying to add cream and sugar. The woman sued McDonald’s for negligence, in a civil suit. The issue centered on whether or not the coffee’s specific temperature was unreasonably hot. McDonald’s lost the lawsuit. The compensatory verdict was $160,000. McDonald’s was found liable....

  • physics 1. What is diffraction? How does diffraction affect the appearance of an image? 2. Amount...

    physics 1. What is diffraction? How does diffraction affect the appearance of an image? 2. Amount of diffraction depend on how wavelength of the light compares to the hole it’s going through (how?) 3. Where did cameras originate? (Camera Obscura) 4. What invention revolutionized camera technology? (film) 5. What are the four components of a camera (camera back, lens, diaphragm, shutter) How do Cameras Work? ( 6. What are depth of focus and depth of field? How are they imposed...

  • 2.        Early English courts a.        relied exclusively on Norman Law. b.        included courts of law and...

    2.        Early English courts a.        relied exclusively on Norman Law. b.        included courts of law and equity. c.         heard cases that only applied to the nobility. d.        were often subject to bribery. 4.        A legal precedent a.        is no longer valid 50 years after the case is decided. b.        is no longer valid 100 years after the case is decided. c.         cannot be overruled. d.        remains valid unless and until overruled by a later case or statute. 5.        Judicial...

  • Question: What does Hobbes suggest is the reason we have government at all? How does Locke’s...

    Question: What does Hobbes suggest is the reason we have government at all? How does Locke’s view of the need for government differ? Using these sources: From Thomas Hobbes, Leviathan book 1, chapter 13 So that in the nature of man, we find three principal causes of quarrel. First, competition; secondly, diffidence; thirdly, glory. The first maketh men invade for gain; the second, for safety; and the third, for reputation. The first use violence, to make themselves masters of other...

  • The differences & similarities between the federal & state court systems. 2. The structure of the...

    The differences & similarities between the federal & state court systems. 2. The structure of the Washington state court system; i.e. the trial court of general jurisdiction, the intermediate appellate court, the state supreme court. 3. Remember, Washington is in the 9 th Circuit Court of Appeals. 4. Under both the Washington state and federal court system, there is one appeal as of right. Appeals to the Washington Supreme Court(in the state system), or to the U.S. Supreme Court in...

  • 1. In what ways can operator liability attach to a parent corporation? How did the Sixth...

    1. In what ways can operator liability attach to a parent corporation? How did the Sixth Circuit Court disagree with the district court’s analysis? 2. Is direct liability for a parent company’s operation of the facility distinct from derivative liability for the subsidiary’s operation of the facility? Should the focus be on parent and subsidiary or on parent and facility? 3. What norms of corporate behavior does the court look to in determining whether an officer or a director is...

  • Please read the article and answer about questions. You and the Law Business and law are...

    Please read the article and answer about questions. You and the Law Business and law are inseparable. For B-Money, the two predictably merged when he was negotiat- ing a deal for his tracks. At other times, the merger is unpredictable, like when your business faces an unexpected auto accident, product recall, or government regulation change. In either type of situation, when business owners know the law, they can better protect themselves and sometimes even avoid the problems completely. This chapter...

ADVERTISEMENT
Free Homework Help App
Download From Google Play
Scan Your Homework
to Get Instant Free Answers
Need Online Homework Help?
Ask a Question
Get Answers For Free
Most questions answered within 3 hours.
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT