ND Bar Practice Questions - North Dakota Bar Examination Exam

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A merchant emails another merchant: 'I offer to sell you 500 bushels of durum wheat at $9/bushel.' The buyer replies, 'Accepted — ship by Friday and include a standard warranty of merchantability.' Under UCC § 2-207, when the additional term about shipping date is included in the acceptance between merchants, the term:

Prevents formation of any contract because the acceptance does not mirror the offer Becomes part of the contract unless it materially alters the deal, the offer limited acceptance to its terms, or it is objected to Is automatically excluded as a counteroffer Controls only if the offeror separately signs a writing accepting it

Correct Answer:

Becomes part of the contract unless it materially alters the deal, the offer limited acceptance to its terms, or it is objected to

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