Under the common law, acceptance must mirror the offer; under the UCC, a definite and seasonable expression can form a contract even with minor deviations. True or False?

Under the common law, acceptance must mirror the offer; under the UCC, a definite and seasonable expression can form a contract even with minor deviations. True or False?

• A. True
• B. False
• C. Only if both merchants
• D. Only if the price is unchanged

Answer: (A)

Under common law, the acceptance must match the offer exactly; any difference is treated as a rejection and a counteroffer, not as perfection of agreement. The UCC, however, takes a more flexible view: a definite and seasonable expression of acceptance can form a binding contract even if it includes terms that differ from or add to those in the offer. This is the battle of the forms. The idea is that as long as there is a clear intent to contract and the acceptance is timely, the contract can exist despite minor deviations, with the added terms sometimes becoming part of the contract under specific rules (notably between merchants, subject to certain exclusions). So the statement is true.

Under common law, the acceptance must match the offer exactly; any difference is treated as a rejection and a counteroffer, not as perfection of agreement. The UCC, however, takes a more flexible view: a definite and seasonable expression of acceptance can form a binding contract even if it includes terms that differ from or add to those in the offer. This is the battle of the forms. The idea is that as long as there is a clear intent to contract and the acceptance is timely, the contract can exist despite minor deviations, with the added terms sometimes becoming part of the contract under specific rules (notably between merchants, subject to certain exclusions). So the statement is true.