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in this lesson were continuing our discussion of mutual a sin specifically we want to talk about the difference between the acceptance and the counteroffer under both the common-law and article 2 of the Uniform Commercial Code but Before we jump into that its just a quick refresher how do we go about forming a traditional enforceable contract remember we have three elements we need mutual cent between the parties consideration and no defenses to formation that would invalidate the otherwise valid contract and in case youre wondering where we are in this lesson in the big picture flow of our contract analysis were still right here under formation on the M and my cats do sneak of course this M stands for mutual assent and what is mutual assent remember in order to form a traditional enforceable contract we say that there needs to be a meeting of the minds between the parties and how do we make this determination on a contract law a fact pattern well we have to determine whether we h