LAW 601 Lecture 46: Contracts - Prof Brubaker - Class 46
Document Summary
The things to be sold and the price may be planned particularly for each transaction, but standard provisions will further elaborate the performances and cover the other subjects of planning. Buyer and seller have own forms they use for their transactions, with multiple paragraphs that neither party reads and they assume they have a contract, but they technically don"t. Buyer as offeror: in analyzing battle of the forms, most common form is one where buyer is the offeror and seller is the offeree. *in online transactions, the buyer is the offeree . District court used ucc 2-207 to say no arbitration agreement was created between the parties through the transactions above . Subsection 2-207(1), was intended to alter the "ribbon matching" or "mirror" rule of common law, under which the terms of an acceptance or confirmation were required to be identical to the terms of the offer or oral agreement, respectively.
