Please enable JavaScript.

Coggle requires JavaScript to display documents.

Contract Law - Coggle Diagram

- - - - 2-207
    - - Mirror Image Rule - additional terms to offer is rejection and counteroffer
  - - - Terms are communicated to offeree?
        
        Offeree gives actual knwledge of offer
        
        OFFER - Move on to Acceptance
        
        Counteroffer
        
        Common Law
        
        Counteroffer generally terminates offer and creates new offer (mere bargaining not a counteroffer), language will typically have additional term "provided that" "so long as"
        
        If acceptance contains new terms, new terms are treated as revocation of original offer and is considered a counteroffer
        
        U.C.C
        
        change of terms is not a counteroffer and can constitute acceptance unless stated otherwise in one of the forms (ex: buyer places order and seller's acceptance form contains different terms OR terms not addressed in the order at all --> Battle of the Forms
        
        Battle of the Forms - nonconforming acceptance that is legally effective UNLESS acceptance is expressly made conditional on assent to the additional or different terms (nonconforming acceptance creates valid and binding contract)
        
        Knockout Rule
  - - - Service contract not capable of being performed with year of contract
      - real estate contract
      - Promise in consideration of marriage
      - saleof goods for $500 or more
      - Suretyship (promise to pay debts of another)
  - - - Promise
      - Reliance that is reasonable, detrimental and foreseeable
      - Enforcement necessary to avoid injustice
- - - - excuses non-breaching party from performance, entitled to all available remedies
    - - non-breaching party not relieved from performance, entitled to damages
- - - - Predominate law controls ENTIRE contract
  - - - One party merchant?
      - Both merchants?