IL Bar Practice Questions - Illinois Bar Examination Exam

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A seller of goods and a buyer exchange forms with conflicting additional terms. Both are merchants. Under the UCC, when does an acceptance with additional terms still form a contract?

Never, because any variance is a counteroffer under the mirror-image rule Only if the additional terms are identical Only if the buyer signs the seller's form Under UCC § 2-207, a definite acceptance forms a contract even with additional terms, which become part of the contract between merchants unless they materially alter it, are objected to, or the offer limits acceptance

Correct Answer:

Under UCC § 2-207, a definite acceptance forms a contract even with additional terms, which become part of the contract between merchants unless they materially alter it, are objected to, or the offer limits acceptance

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