LAW 601 Lecture Notes - Lecture 47: Implied Warranty
Document Summary
Was the acceptance in something else? (contract, oral, previous dealings) *no form acceptance (there was acceptance, just not by the forms): Governed by 207(3) . find what they have in common, kick everything out . replace it with ucc filler. *we don"t have acceptance we go to section 3 expressly conditional: you accept all these other terms. *form acceptance: governed by 2-207(2) . proposals . become part of contract unless (a, b, c,) Offer is expressly limited-2(a) you can"t as an offeree add to my offer. Written confirmation of a prior contract that"s already been reached. We only ask what the terms are and whether they are binding, etc. If it was confirmation, figure out what the contract is. Seller: ok, i"ll have my people confirm and send paperwork. *when parties contemplate further writing, did they intend to be bound/hold until paperwork is signed.
