A definite and seasonable expression of acceptance or a written confirmation that is sent within a reasonable time operates as an acceptance.

A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance.

[19] We hold, consistent with section 2-207 and Official Comment 6, that where the terms in two forms are contradictory, each party is assumed to ...

Start with an acceptance or written confirmation having varying terms. Is it expressly made conditional on assent to the varying terms?

The general rule is that, if a contract is silent as to when payment is due, payment will be due “at the time and place at which the buyer is to receive the ...

Comment 6 creates and applies a so-called knockout rule. For this reason ... 2d 5, 6 U.C.C. Rep. Serv. 119 (1967). [FN13]. Daitom, 741 F.2d 1569 ...

See § 2-207, comment 6. The text of this comment is set out in note 66 infra. It appears that the previous inability of courts to resolve the problem of the ...

Comment 6 to Section 2-207 states in pertinent parts: ”If no answer is received within a reasonable time after additional terms are proposed, it is both fair ...

12 окт. 2021 г. · 2-207 eviscerates the last shot rule and the mirror image rule from the common law. 2-207 then sits on top of the common law and controls.

comment 6 approach: the conflicting terms are knocked out and UCC gap fillers are supplied if necessary. 3rd step: If there is no contract under 2-207(1) ...