Whether you call it battle of the forms, the knockout rule or simply 2-207, this rule is one of the most complex things that you will ever learn in law. In my classes this week this is what we focused on. Do you have tips or things that have worked to help you understand this complex rule? If so, please share in the comments. Here are my tips: 1. Remember that the transaction must be for the sale of a good or this rule never applies 2. If you can accept under 2-206 and use the mirror image rule acceptance concept do that, and do not go into this doctrine unless you need it 3. The triggers to know that you need to address 2-207 include an acceptance that contains different or additional terms. If you see that then that means you need to address acceptance under 2-207 (1) 4. Do not hit sections 12 and 3 of 2-207 at the same time because you will not ever need all three of them 5. Always start off with 2-207(1)) by itself. In this provision, you were looking for your actual acceptance. If you have a seasonable or definite expression of acceptance or written confirmation, that is sent within a reasonable time, and no provisional language requiring acceptance… Then you have acceptance with different additional terms under section one. 6. If you find acceptance in 2-207-1, then go to 2-207–2 to determine whether the difference or additional terms will become part of the contract. If the transaction is not between merchants, according to UC 2–104, then the additional term does not become part of the contract. 7. However, if the contract is between merchants, the additional term becomes part of the contract, unless one of three things happens. The other merchant must object to it, there must be provisional language in the offer, limiting acceptance to the terms contained in the inside of it, or the additional term as materially alter the original offer 8. Material offer is defined in the comments underneath 2–207. It is defined as undo hardship or surprise. So to argue material alteration use the facts to show that it will cause surprise to the other party by not ascending to it and including it in the contract And let that be your driver as to whether it should be excluded or not 9. Now, if you did not find acceptance in 2–207 section one, but the parties are still acting like they have a contract, even though it’s not legally binding, then and only then do you go to 2–207. Now, if you read the language of 2–207, you will see that the conduct accepts the contract however the terms of the contractor limited to only those that have been agreed-upon or are implied terms. So that means that the additional or different term that was proposed during acceptance, never becomes part of the contract under 2–207 section 3. 10. My final tip is to remind you to make sure to do a merchant analysis before you start addressing 2–207 section 2. You use 2–104 to address whether or not the parties involved in the transactions are considered merchants is for purposes of this transaction. There are three ways that they can be considered a merchant. If they sell the goods of the kind, if they hold themselves out as an expert, or they hire a third-party expert.

A dog owner owned a dog of little monetary value. One day, the dog disappeared, and the owner placed the following advertisement in the newspaper: “I will pay $500 to anyone who finds and returns my dog.” Before reading the ad in the newspaper, the neighbor found the dog in his backyard late the next night. The man took the dog inside, intending to return it in the morning. Shortly before he returned the dog, the neighbor read the dog owner’s advertisement in the morning newspaper. If the neighbor returns the dog is there an enforceable contract?

Many people look at offer and acceptance as what is needed for a contract, but a verbal offer and acceptance actually is not needed for a contract to form. What are the elements needed to form a contract?

On August 1, 2021, Bill decided to buy a home in the City of La Verne, California. He downloaded the Zillow app to his phone and began scrolling through the homes listed for sale in the City of La Verne. Zillow is a real estate app that lists all houses currently for sale throughout the state of California; the application provides the sellers name, house address, pictures, total square footage, price, and other information that may be relevant to the sale and purchase of any given home. After viewing several homes on the Zillow App, he saw a home on 7th street he was interested in purchasing. The house was being offered for sale at a price of $750,000. He immediately emailed the seller through the Zillow app stating he would like to purchase the home for the price listed. The seller (on that same day) responded via email stating that the house was no longer available for sale; however, the seller had another home on 5th Street that was very similar in size, lay-out and price. On August 2, Bill emailed Seller and demanded that he be sold the 7th Street House because Bill had emailed his acceptance to Seller to the email address provided by Seller on the Zillow App and that he accepted all the terms of Seller’s offer as articulated on the Zillow App. Did Bill and Seller form a valid contract? IRAC your rationale in the comments!

Hi, can anyone look over my first settlement agreement and share ideas or if its perfect lol