SMC Business Law Sec 1059 Week 3 Chps 6 & 7 - HW Anal. Chp. 6 (2015)

Week 3: Wk 3: Chps 6 & 7 - HW Anal. Chp. 6

CHAPTER SIX-HOMEWORK ANALYSIS

Question One: Assume that Merchant A submits an offer to Merchant B. Merchant A used his own form for the offer. Assume that Merchant B, intending to accept the offer, responded by sending his own form. Merchant B's form contained terms that were not contained in Merchant's A offer. Please identify the UCC law that will be applied to this scenario and explain how a court will decide the effect of the purported acceptance and which, if any, of the additional terms will be viewed as part of a contract between Merchants A and B.

Question Two: Contract law requires proof that the offeree 'intended' to accept the offer. It is not an uncommon defense for the offeree to allege that she did not intend to accept the offer. She might argue that she didn't even know that an offer was being made, or that when signing the document she failed to read all of the terms, or that she did read all of the terms but did not understand certain ones. Explain how an offeror prove that the offeree did intend to accept a particular offer if the offeree contended: