LAWG 100D1 Lecture Notes - Lecture 9: United Nations Convention On Contracts For The International Sale Of Goods, Unidroit, Uniform Commercial Code
23 Jan 2018
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Document Summary
Macaulay says this is exactly why academic contract law doesn"t matter because parties don"t read the contract: not adhesion contracts (using standard forms) - they are negotiated - but they are negotiated using standard forms. What are the options: no contract, no meeting of the minds (one thought there was an arbitration clause, the other did not). Seller did not say yes to the buyer, so there"s no contract: no performance. Parties acted like they had a contract, so the question now is on who"s terms: contract; on offerors terms, traditional contract will never find a contract of the offeror"s terms. In order for a contract to be accepted, the terms must be mirror images of each other or else it is not a contract: counter offers, 1393. Acceptance which does not correspond substantially to the offer or which is received by the offeror after the offer has lapsed does not constitute acceptance.
