Study Hints: Contracts – Offer and Acceptance

Contracts: Offer and Acceptance

The “definite and complete” requirement, which is used to determine whether a communication succeeds as an offer;

The mailbox rule and how it governs the timing of the acceptance and revocation of offers that are exchanged by correspondence;

The parol evidence rule and its effect on contemporaneous oral agreements that either (a) contradict written agreements; or (b) do not contradict written agreements.
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The mirror image rule and its effect the terms of an acceptance when there is evidence that the parties intended to reach separate agreements.

UCC 2-207(1) and its effect on the terms of an agreement when the offeree's acceptance includes additional terms that are expressly conditional upon the offeror's assent.

UCC 2-207(2) and its effect on the terms of an agreement when a merchant offeree's acceptance includes additional terms.

The confusion between the “material alteration” exception to UCC 2-207(2) and the operation of the mirror image rule.

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