AL Bar Practice Questions - Alabama Bar Examination Exam

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On the MBE, a buyer and seller of goods exchange forms. The seller's acknowledgment contains an additional term limiting consequential damages that was not in the buyer's purchase order. Both parties are merchants. Under UCC § 2-207, when does the additional term become part of the contract?

Never, because any additional term is a counteroffer Only if the buyer signs the acknowledgment Automatically, unless it materially alters the contract, the offer limited acceptance to its terms, or objection is given Only if the additional term is supported by separate consideration

Correct Answer:

Automatically, unless it materially alters the contract, the offer limited acceptance to its terms, or objection is given

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