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What is required for a response to an offer with different additional terms to be an acceptance under 2 207 1 )?

Section 2-207(1) provides that [a] definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon.

What is under the merchants exception rule of the UCC?

There is an exception to the writing requirement under the UCC known as the merchants confirmatory memo. This requires: (1) that both parties be merchants, (2) there to be a writing that accurately reflects the agreement between the parties, and (3) requires that the writer sign the memo.

What is the merchants exception?

Statute of frauds: Main exceptions Merchants Exception (UCC 2-201 (2)): If you and your Buyer are both merchants*, and you sent him something in writing memorializing the oral agreement (some courts consider detailed invoices sufficient), and he did not object, the oral contract is enforceable.

Why are merchants treated differently under the UCC?

The UCC assumes that merchants should be held to particular standards because they are more experienced and have or should have special knowledge. Rules applicable to professionals ought not apply to the casual or inexperienced buyer or seller.

What is the merchants exception?

Statute of frauds: Main exceptions Merchants Exception (UCC 2-201 (2)): If you and your Buyer are both merchants*, and you sent him something in writing memorializing the oral agreement (some courts consider detailed invoices sufficient), and he did not object, the oral contract is enforceable.

Which of the following are exceptions to the UCCs Statute of Frauds?

Sometimes, even though a contract falls within a statute of frauds, it can be enforced without meeting these two requirements. These exceptions are admission, performance, and promissory estoppel.

What are additional terms under the UCC?

The UCC considers additional terms to be proposals for addition to the contract.[56] If the transaction is between merchants, these additional terms will become a part of the contract unless the additional provisions: (1) materially alter the agreement, (2) the other party objects to the new terms or (3) the

What is a merchant under the UCC?

UCC 2-104(1) defines a merchant as a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other

Merchant's Objection to Additional Term 2025

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