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Acceptance, Electronic acceptances, Does UCC Apply?, Promissory Acceptance…
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Electronic acceptances
Contracts of adhesion: take-it or leave-it contracts, by merchant who monopolizes or has bargaining control
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Burden should be on the offeror to impress upon the recepient the importance of the details of the terms they are agreeing to
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Arbitration and forum selection clauses materially alter the substantive default rights of consumers
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Promissory Acceptance
Uncommunicated intent to accept is not the same as acceptance and does not create a binding contract
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Contracts between two merchants are valid with additional terms unless the contract is materially altered by the terms, or acceptance is specifically conditioned on the additional terms
If parties conduct recognizes the existenece of a contract, the contract will include the agreed upon terms and UCC gap fillers.
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Specific and definite enough advertisements constitute offers that can be accepted by performance,
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