Flashcards in Page 10 Deck (16):
If an offeror dies, what happens to the power of acceptance?
It is terminated
Something that is central to a contract is destroyed, what happens to the power of acceptance?
It is terminated
What are the different views about death's relationship to acceptance of an offer?
- majority: terminated even if Offeree doesn't know about the death
- Minority: If offeree doesn't know, offer not terminated
How does insanity affect acceptance of an offer?
It terminates an offer regardless of whether the offeree knows
How does mental illness affect acceptance of an offer?
It terminates the offer if the offeree is or ought to be aware of it. Slightly different than insanity
What are the two different approaches to an acceptance that includes a new or different term?
- mirror image rule
- last shot rule
What is the CL mirror image rule?
Acceptance must be the mirror image of the offer, and if it differs in any way, it is a counter offer
What does UCC say about mirror image rule?
A definite and seasonable acceptance is fine even if it states extra or different terms
What is the situation that a last shot rule would come up in?
When parties exchange preprinted forms and some of the FinePrint differs
What is the common law approach to the last shot rule?
no contract at the time of shipping because the two forms are different, so no obligation to ship. If seller does ship, he has done so according to the last form sent, and buyer has no obligation to accept, but if he does, he has accepted the last form sent
According to the last shot rule, the last form sent is considered what?
A conditional acceptance and a counter offer (so shipment and acceptance are an acceptance of the counter offer)
If you send someone an order for 10 chairs, and he sends back a sales order with printed terms that differ, but he ships and do you accept, what is the result under the mirror image rule, and also under the last shot rule?
- mirror image rule: no contract
- last shot rule: Seller shipped goods according to the terms of the shipping order, and you accepted
What are two exceptions to a qualified acceptance?
- acceptance plus request
- grumbling acceptance
What is grumbling acceptance?
Acceptance plus expression of dissatisfaction
If you send goods but you say that you wish you could've gotten a better price, what do you call that?