INTEGRATED QUESTION SET · SET 3
Questions 2–3 of 5
Contract LawIssue Spotting18:40
FactsLibrary · UCC
Summit Lumber, a wholesaler, offers Harbor Builders, a contractor, 400 cedar boards at $12 each. Harbor replies:“We accept your offer of 400 boards at $12. Any dispute will be settled by arbitration in Harbor County.”Summit ships the boards without replying.
Q2 · MULTIPLE CHOICE
Did Harbor's email form a contract?
ANo. The new term makes it a counteroffer
BYes. A definite acceptance can add terms
CNo. Summit never signed a writing
Q3 · SHORT ANSWER
Is the arbitration clause part of the deal?
INTEGRATED QUESTION SET
Questions 2–3 of 5
Contract Law
Summit Lumber, a wholesaler, offers Harbor Builders, a contractor, 400 cedar boards at $12 each. Harbor replies: “We accept your offer of 400 boards at $12. Any dispute will be settled by arbitration in Harbor County.”
Q2 · MULTIPLE CHOICE
Did Harbor's email form a contract?
ANo. The new term makes it a counteroffer
BYes. A definite acceptance can add terms
Q3 · SHORT ANSWER
Is the arbitration clause part of the deal?
Under UCC §2-207, the additional term is a proposal for addition. Both parties are merchants, so it becomes part of the contract.
Hint: the reply accepts, but it also adds something. Spot it.Key points: ✓ merchant status ✓ §2-207(2) ○ materiality
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