Distant formation of contracts (Mailed offer creates a power of acceptance…
Distant formation of contracts
Mailed offer creates a power of acceptance on receipt by the offeree
A mailed acceptance is good on dispatch
Rejection is good on receipt
If an acceptance is mailed followed by a rejection, the acceptance is governs unless the rejection arrives first and the offeror justifiably relies on the rejection it gives rise to an estoppel claim
If a rejection is mailed first followed by an acceptance, whichever arrives first governs
If the buyer requests that the goods be shipped, the buyer's request will be construed as inviting acceptance by the seller either by a promise to ship or by prompt shipment of conforming or non conforming goods
If the seller ships nonconforming goods, the shipment is an acceptance and a breach
Common law mirror image rule - the offer and acceptance must match exactly
Definite and seasonable expression of acceptance or written confirmation
Contract conduct by both parties?
No. then no contract
Yes. Contract is formed with agreed on terms and art 2 gapfillers
Additional or different terms?
Acceptance expressly made conditional on assent to additional terms?
Are both parties merchants
1 more item...
No - additional terms are proposals for addition to contract