WY Bar Practice Questions - Wyoming Bar Examination Exam

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Two merchants exchange forms for the sale of goods. The buyer's purchase order and the seller's acknowledgment agree on quantity and price, but the seller's form adds a clause requiring arbitration. Neither form makes acceptance conditional. Under UCC § 2-207, what is the likely effect of the arbitration clause?

No contract is formed because the forms do not match exactly The arbitration clause automatically becomes part of the contract regardless of materiality A contract is formed, and the additional term may become part of it unless it materially alters the agreement or is objected to The buyer's form controls entirely, voiding all of the seller's terms

Correct Answer:

A contract is formed, and the additional term may become part of it unless it materially alters the agreement or is objected to

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