Contracts/Mirror image rule: Difference between revisions
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In the law of [[contract]]s, the '''mirror image rule,''' also referred to as an unequivocal and absolute acceptance requirement, states that an [[offer and acceptance|offer]] must be accepted exactly with no modifications. The offeror is the master of one's 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.<ref>(Restatement(2d) Contracts §59)</ref> | In the law of [[contract]]s, the '''mirror image rule,''' also referred to as an unequivocal and absolute acceptance requirement, states that an [[offer and acceptance|offer]] must be accepted exactly with no modifications. The offeror is the master of one's 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.<ref>(Restatement(2d) Contracts §59)</ref> | ||
The [[Uniform Commercial Code]] ("UCC") dispenses with the mirror image rule in § 2-207. (but it can also be argued that § 2-207(1) enforces the mirror image rule)<ref>Text of § 2-207: https://www.law.cornell.edu/ucc/2/article2.htm#s2-207</ref> 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 2nd restatement of contracts also provides that when parties have not agreed to an essential term, "a term which is reasonable in the circumstances is supplied by the court." However, it may not be possible for a reasonable term to be supplied by the court. | |||
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==References== | ==References== | ||
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Revision as of 21:57, May 15, 2020
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 with no modifications. The offeror is the master of one's 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.[1]
The Uniform Commercial Code ("UCC") dispenses with the mirror image rule in § 2-207. (but it can also be argued that § 2-207(1) enforces the mirror image rule)[2] 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 2nd restatement of contracts also provides that when parties have not agreed to an essential term, "a term which is reasonable in the circumstances is supplied by the court." However, it may not be possible for a reasonable term to be supplied by the court.
References
- ↑ (Restatement(2d) Contracts §59)
- ↑ Text of § 2-207: https://www.law.cornell.edu/ucc/2/article2.htm#s2-207
