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Contracts/Mirror image rule: Difference between revisions
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In the law of [[contract]]s, the '''mirror image rule''' states that an [[offer and acceptance|offer]] must be accepted exactly without modifications. The offeror is the master of his own offer. An attempt to accept the offer on different terms instead creates a [[counter-offer]], and this constitutes a rejection of the original offer. | In the law of [[contract]]s, the '''mirror image rule''' states that an [[offer and acceptance|offer]] must be accepted exactly without modifications. The offeror is the master of his own offer. An attempt to accept the offer on different terms instead creates a [[counter-offer]], and this constitutes a rejection of the original offer. | ||
In the [[United States]], this rule has been altered with respect to [[merchant]]s dealing under the [[Uniform Commercial Code]] (UCC Section 2-207). In such situations, an acceptance that does not match the terms of the offer is nonetheless effective as long as the material terms are agreed upon. Example: Marty the T-shirt printer(merchant) offers to make and sell 1,000 yellow tees with "Bring the Ruckus" on the back for $100 to Vinny of Vincent's Shirt Barn(merchant). Vinny accepts the offer and writes ''change to "Bring da Ruckus"'' on the back of the invoice. This constitutes acceptance and the contract will be enforceable | In the [[United States]], this rule has been altered with respect to [[merchant]]s dealing under the [[Uniform Commercial Code]] (UCC Section 2-207). In such situations, an acceptance that does not match the terms of the offer is nonetheless effective as long as the material terms are agreed upon. Example: Marty the T-shirt printer(merchant) offers to make and sell 1,000 yellow tees with "Bring the Ruckus" on the back for $100 to Vinny of Vincent's Shirt Barn(merchant). Vinny accepts the offer and writes ''change to "Bring da Ruckus"'' on the back of the invoice. This constitutes acceptance and the contract will be enforceable in spite of the alteration because the change is immaterial and both are merchants. | ||
Revision as of 10:41, June 14, 2007
In the law of contracts, the mirror image rule states that an offer must be accepted exactly without modifications. The offeror is the master of his own offer. An attempt to accept the offer on different terms instead creates a counter-offer, and this 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 (UCC Section 2-207). In such situations, an acceptance that does not match the terms of the offer is nonetheless effective as long as the material terms are agreed upon. Example: Marty the T-shirt printer(merchant) offers to make and sell 1,000 yellow tees with "Bring the Ruckus" on the back for $100 to Vinny of Vincent's Shirt Barn(merchant). Vinny accepts the offer and writes change to "Bring da Ruckus" on the back of the invoice. This constitutes acceptance and the contract will be enforceable in spite of the alteration because the change is immaterial and both are merchants.
