Editing Contracts Ayres/9th ed. Outline
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*************** Note: Not a material alteration if their prior experience suggests it would be there, so no surprise or hardship to include term. (Deer Stags) | *************** Note: Not a material alteration if their prior experience suggests it would be there, so no surprise or hardship to include term. (Deer Stags) | ||
************** '''RULE''': If a party performs, then the contract consists of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of the UCC | ************** '''RULE''': If a party performs, then the contract consists of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of the UCC | ||
************** o | ************** o Textile Unlimited v. ABMH (9<sup>th</sup> Cir 2001) – UCC 2-207(3) | ||
**************** Facts: K for yarn sale, but ABMH adds arbitration clause in back of acknowledgement order. Says D must object w/in 24 hours, and D doesn't. | **************** Facts: K for yarn sale, but ABMH adds arbitration clause in back of acknowledgement order. Says D must object w/in 24 hours, and D doesn't. | ||
**************** HOLDING: Arbitration provision is unenforceable. No gap-filling arbitration term in UCC. | **************** HOLDING: Arbitration provision is unenforceable. No gap-filling arbitration term in UCC. |