Contracts/Mirror image rule: Difference between revisions

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==United States==
==United States==
In the [[United States]], this rule has been altered with respect to [[merchant]]s dealing in the sale of goods under the [[Uniform Commercial Code]] (UCC Section 2-207). In such situations, an acceptance that does not match the terms of the offer is nonetheless effective as long as the material terms are agreed upon. Example: Larry the T-shirt printer (merchant) offers to make and sell 1,000 yellow T-Shirts with "Bring the Ruckus" on the back for $100 to Vinny of Vincent's Shirt Barn (merchant). Vinny accepts the offer and writes ''change to "Bring da Ruckus"'' on the back of the invoice to Larry. This constitutes acceptance and the contract will be enforceable in spite of the alteration because the change is immaterial and both are merchants. The changed or additional terms in the acceptance will become part of an agreement between merchants unless the offer limits acceptance to the terms of the offer (e.g.,Larry writes: 'no substitutions'), the terms materially alter the offer, or the other party objects to the new terms within a reasonable time. (UCC 2-207 (2)(a)-(c)). When both parties are not merchants but the transaction is covered by the UCC (for example, when Vinny agrees to sell t-shirts to a customer), then any additional terms will be proposals for addition to the contract but will not automatically become a part of the bargain. (UCC 2-207(2)).
In the [[United States]], this rule still exists at common law. However, the [[Uniform Commercial Code]] ("UCC") dispenses with it in § 2-207. Therefore, its applicability depends upon what law governs. Most states have adopted the UCC, which governs transactions in goods. Contracts for services or land, for example, would not be governed by the UCC.
 
The 2-207 statute is a confusing and controversial one. To read more about it, see [[http://en.wikipedia.org/wiki/United_States_contract_law#UCC_.C2.A7_2-207|United States contract law]], [[http://en.wikipedia.org/wiki/Uniform_Commercial_Code#Section_2-207:_Battle_of_the_forms|UCC]], or [[http://en.wikipedia.org/wiki/Offer_and_acceptance#Battle_of_the_forms|Offer and acceptance]].


[[Category:Contract law]]
[[Category:Contract law]]
[[Category:Legal doctrines and principles]]
[[Category:Legal doctrines and principles]]
[[ko:경상의 원칙]]
[[ko:경상의 원칙]]

Revision as of 16:59, December 9, 2010

Template:Unreferenced Template:Contract law

In the law of contracts, the mirror image rule, also referred to as an unequivocal and absolute acceptance requirement states that an offer must be accepted exactly without modifications. The offeror is the master of his own offer. An attempt to accept the offer on different terms instead creates a counter-offer, and this constitutes a rejection of the original offer. (Restatement(2d) Contracts §59).

Australia

This position is adhered to in Australia (New South Wales). If a person were to accept an offer, but make a modification, then they are actually rejecting the offer presented to them and are proposing a counter-offer [Masters v Cameron (1954) 91 CLR 353]. That modifying party is then the one making a new offer, and the original offeror is now the one who has to accept.

United States

In the United States, this rule still exists at common law. However, the Uniform Commercial Code ("UCC") dispenses with it in § 2-207. Therefore, its applicability depends upon what law governs. Most states have adopted the UCC, which governs transactions in goods. Contracts for services or land, for example, would not be governed by the UCC.

The 2-207 statute is a confusing and controversial one. To read more about it, see [States contract law], [[1]], or [and acceptance]. ko:경상의 원칙

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