WA Bar Practice Questions - Washington Bar Examination (NextGen UBE) Exam

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Two parties enter a written contract for the sale of 500 widgets. The buyer's purchase order contains an additional term requiring arbitration; the seller's acknowledgment is silent on arbitration. Both are merchants. Under UCC 2-207, does the arbitration term become part of the contract?

Yes, automatically, because the buyer proposed it first It becomes part of the contract between merchants unless it materially alters the deal, the offer limited acceptance to its terms, or it is objected to No, because additional terms are never included under the UCC Yes, because silence always constitutes acceptance of additional terms

Correct Answer:

It becomes part of the contract between merchants unless it materially alters the deal, the offer limited acceptance to its terms, or it is objected to

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