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Contracts/Mirror image rule: Difference between revisions
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In the [[United States]], this rule has been altered with respect to [[merchant]]s dealing under the [[Uniform Commercial Code]]. In such situations, an acceptance that does not match the terms of the offer is nonetheless effective. The terms of the acceptance that do not materially differ from the original offer will govern the contract as a whole. | In the [[United States]], this rule has been altered with respect to [[merchant]]s dealing under the [[Uniform Commercial Code]]. In such situations, an acceptance that does not match the terms of the offer is nonetheless effective. The terms of the acceptance that do not materially differ from the original offer will govern the contract as a whole. | ||
UCC Section 2-207 overrides this rule. Therefore, even if the parties' documents don’t exactly match up it’s still not considered a rejection & counteroffer. | |||
{{law-stub}} | {{law-stub}} | ||
[[Category:Contract law]] | [[Category:Contract law]] | ||
Revision as of 16:54, December 19, 2005
In the law of contracts, the mirror image rule states that an offer must be accepted exactly without modifications. An attempt to accept the offer on different terms instead creates a counter-offer - which constitutes a rejection of the original offer.
In the United States, this rule has been altered with respect to merchants dealing under the Uniform Commercial Code. In such situations, an acceptance that does not match the terms of the offer is nonetheless effective. The terms of the acceptance that do not materially differ from the original offer will govern the contract as a whole.
UCC Section 2-207 overrides this rule. Therefore, even if the parties' documents don’t exactly match up it’s still not considered a rejection & counteroffer.
