Asked by Akeim Potter on May 30, 2024
Verified
Able Co.entered into a contract with Baker Co.for the sale of goods.Both parties are merchants under the UCC and each party used its own form as an offer and acceptance.On the reverse side of each form,there were minor terms that conflicted with each other.What is impact of these minor differences in terms in the forms on the contract?
A) There is no contract because there is a discrepancy between the standard forms used by the two companies.
B) There is no contract because there is no "meeting of the minds."
C) A contract does exist and is favorable to the third party beneficiaries who can take advantage of the situation.
D) A contract does exist and it includes the terms agreed upon plus gap-fillers from the UCC.
Gap-Fillers
are provisions in law or a contract that supply missing terms necessary to resolve issues not explicitly addressed by the parties involved.
Minor Differences
Minor Differences refer to small or insignificant variations or discrepancies that do not materially impact the nature or outcome of a situation or agreement.
- Scrutinize the particular provisions that pertain to merchants under the UCC in relation to the establishment of contracts and extra terms.
Verified Answer
ZK
Zybrea KnightJun 05, 2024
Final Answer :
D
Explanation :
Since the conflicting terms are indicated to be minor,they would not affect the contract in entirety and would be subject to the "gap-filling" provisions of the UCC.
Learning Objectives
- Scrutinize the particular provisions that pertain to merchants under the UCC in relation to the establishment of contracts and extra terms.
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