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U.C.C. § 2-207: Part 1 – Formation of the Contract: Discussions in Contracts

February 23rd, 2018 · No Comments · Contracts, Lawdibles Audio

The topic of this podcast by Professor Scott J. Burnham is formation of the contract under U.C.C. § 2-207. This is the first in a series of three podcasts covering the Battle of the Forms. The second podcast covers Finding the Terms of the Contract. The third covers Written Confirmations. It is best to listen to the podcasts in sequence. This podcasts discuses the “mirror image” and “last shot” rules. At the conclusion of this podcast you should be able to (1) identify when forms have different essential terms and explain the different theories for resolving that situation; (2) identify language that makes acceptance expressly conditional; and (3) where the language makes acceptance expressly conditional and the parties create a contract by conduct, you should be able to determine what the terms of the contract are under subsection (3).

A transcript of this podcast is here.

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