Battle of the Forms
Learn about the rules to determine the substance of the parties’ contract if the parties exchange writings that don’t agree on all points.
Transcript
At common law, for a contract to be formed, the acceptance must exactly match the offer’s terms. If the purported acceptance alters or adds to the offer in any way, it’s treated as a rejection and counteroffer. This is known as the mirror-image rule.
Due to its rigid application, the mirror-image rule can hinder the efficient formation of contracts, particularly in modern commercial transactions. To address this issue, Article 2 rejects the mirror-image rule in favor of a more flexible...