MN Bar Practice Questions - Minnesota Bar Examination Exam

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A merchant sends a signed purchase order offering to buy 500 widgets. The seller, also a merchant, sends a signed acknowledgment accepting but adding a clause requiring arbitration of disputes. Neither party objects further, and a dispute arises. Under UCC § 2-207, is the arbitration term part of the contract?

No, because any additional term automatically voids acceptance It depends; between merchants, additional terms become part of the contract unless they materially alter it, the offer limited acceptance to its terms, or the offeror objects Yes, automatically, because the seller accepted last No, because additional terms are never enforceable under the UCC

Correct Answer:

It depends; between merchants, additional terms become part of the contract unless they materially alter it, the offer limited acceptance to its terms, or the offeror objects

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