Battle of the Forms (UCC 2-207)

This lesson deals with the problem created by the Battle of the Forms. At common law, the mirror image rule requires an acceptance to be exactly like the offer. The rule is reversed under the Uniform Commercial Code, however. Under UCC § 2-207, an acceptance is still an acceptance even though it states different or additional terms from the offer. This lesson will explore the effect of such different or additional terms and when they are operative.

This lesson can be worked as an introduction to the Battle of the Forms or as a review. This lesson may be a more in-depth study of UCC § 2-207 than many first year contracts courses require. However, prior to working this lesson, you should have an understanding of offer, acceptance and mutual assent.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Explain the common law "mirror image" rule.
2. Analyze whether a contract is formed under UCC § 2-207 in different fact situations.
3. Determine, when a contract is formed under UCC § 2-207, which terms are included in the contract.