BLAW 2301 Lecture Notes - Lecture 7: Mirror Image, Netflix, Posting Rule
Document Summary
The offeror must say or do something to acceptance (silence is not an acceptance) Silence is an acceptance when stated on contract like netflix trial and additional charges every month. Requires that acceptance be on precisely the same terms as the offer. Ucc and the battle of forms the mirror image rule for the sale of good. An offerer who accepts ay include in the acceptance terms that are additional to or different fro those in the offer. If the offeree states that her acceptance is conditioned on the offerors assent to the new terms, there is no contract unless new terms are assented to. Additional terms are those that bring up new issues. Assuming both parties are merchants, the additional terms will generally become part of the contract, The original offer insisted on its own terms. Offeror receives the additional terms and promptly objects to them. Majority of states hold the different terms cancel each other out.
