B is corrent. Under common law, an acceptance must be unequivocal and unqualified in agreeing to the precise terms specified by the offer. However, the Uniform Commercial Code alters this general rule as far as the sale of goods is concerned. Under the UCC, an acceptance containing additional terms is a valid acceptance unless the acceptance is expressly conditional upon the offeror"s agreement to the additional terms. In this situation, a valid contract has been formed between Weston Co. and Distrib Markets. Distrib Markets’ acceptance was not conditional upon Weston’s agreement to the additional term and, thus, a contract is formed regardless of Weston’s agreement or objection to the additional term. This contract was for the sale of goods and is governed by the UCC rather than by common law. Under common law, Distrib Markets’ reply would have been a rejection and counteroffer; but under the UCC, a contract was formed.
A is incorrect. Under common law, an acceptance must be unequivocal and unqualified in agreeing to the precise terms specified by the offer. However, the Uniform Commercial Code alters this general rule as far as the sale of goods is concerned. Under the UCC, an acceptance containing additional terms is a valid acceptance unless the acceptance is expressly conditional upon the offeror’s agreement to the additional terms. In this situation, a valid contract has been formed between Weston Co. and Distrib Markets. Distrib Markets’ acceptance was not conditional upon Weston’s agreement to the additional term and, thus, a contract is formed regardless of Weston’s agreement or objection to the additional term. This contract was for the sale of goods and is governed by the UCC rather than by common law. Under common law, Distrib Markets’ reply would have been a rejection and counteroffer; but under the UCC, a contract was formed.
A is incorrect. Under common law, an acceptance must be unequivocal and unqualified in agreeing to the precise terms specified by the offer. However, the Uniform Commercial Code alters this general rule as far as the sale of goods is concerned. Under the UCC, an acceptance containing additional terms is a valid acceptance unless the acceptance is expressly conditional upon the offeror’s agreement to the additional terms. In this situation, a valid contract has been formed between Weston Co. and Distrib Markets. Distrib Markets’ acceptance was not conditional upon Weston’s agreement to the additional term and, thus, a contract is formed regardless of Weston’s agreement or objection to the additional term. This contract was for the sale of goods and is governed by the UCC rather than by common law. Under common law, Distrib Markets’ reply would have been a rejection and counteroffer; but under the UCC, a contract was formed.
D is incorrect. Under common law, an acceptance must be unequivocal and unqualified in agreeing to the precise terms specified by the offer. However, the Uniform Commercial Code alters this general rule as far as the sale of goods is concerned. Under the UCC, an acceptance containing additional terms is a valid acceptance unless the acceptance is expressly conditional upon the offeror’s agreement to the additional terms. In this situation, a valid contract has been formed between Weston Co. and Distrib Markets. Distrib Markets’ acceptance was not conditional upon Weston’ s agreement to the additional term and, thus, a contract is formed regardless of Weston’ s agreement or objection to the additional term. This contract was for the sale of goods and is governed by the UCC rather than by common law. Under common law, Distrib Markets’ reply would have been a rejection and counteroffer; but under the UCC, a contract was formed.
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