LAWG 100D1 Lecture Notes - Lecture 9: United Nations Convention On Contracts For The International Sale Of Goods, Unidroit, Uniform Commercial Code
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.