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UCC 2-206 and 2-207 (Battle of Forms)
Here is how a practitioner recently summarized 2-204 and 2-205 (which we covered earlier), and 2-206 and 2-207 (the current reading). Note this is just a summary!
"Sections 2-204 through 2-207 govern contract formation under Article 2.
"Section 2-204 abrogates [the common law's] strict requirement [or, more accurately, its tendency to look for formal statements] of offer and acceptance, providing instead that an agreement may be reached in any manner and can subsequently be found to exist even if the moment of its creation cannot be determined.
"Section 2-205 validates firm offers made by merchants in a signed writing even in the absence of consideration.
"Section 2-206 permits a party to accept an offer by 'prompt or current shipment' of goods or a promise to do so, whereas section 2-207 permits formation of a contract even when an acceptance contains additional or different terms, so long as acceptance is not expressly conditioned on assent to the terms."
-- Jennifer S. Martin, Sales, Business Lawyer (Dec. 6, 2024)
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