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Common law contracts are accepted under a "mirror image" rule. [29] Under this rule, an acceptance must be an absolute and unqualified acceptance of all the terms of the offer. If there is any variation, even on an unimportant point, between the offer and the terms of its acceptance, there is no contract.
In the United States, this rule still exists at common law. However, the Uniform Commercial Code ("UCC") dispenses with it in § 2-207 (but it can also be argued that § 2-207(1) enforces the mirror image rule). [6] Therefore, its applicability depends upon what law governs. Most states have adopted the UCC, which governs transactions in goods.
A Law Reference Collection, 2011, ISBN 1624680003 and ISBN 978-1-62468-000-7; Trinxet, Salvador. Trinxet Reverse Dictionary of Legal Abbreviations and Acronyms, 2011, ISBN 1624680011 and ISBN 978-1-62468-001-4. Raistrick, Donald. Index to Legal Citations and Abbreviations. 3rd ed. London: Sweet & Maxwell, 2008. This book focuses more on British ...
Unconditional intent: a person's expected result from the consequence of their actions. Conditional intent: a person's expected result only when a condition diverts the person from their unconditional intent. For example, a couple is planning to have an outdoor wedding, but also reserve an indoor facility in the unlikely condition of bad weather.
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a ...
The meaning of absolute or conditional discharge does not exist as such in United States law. However, different jurisdictions within the United States have a variety of analogues. The most direct is the suspended sentence or sentencing to "time served", meaning time spent in custody until sentencing. Many or most states also have alternative ...
Conditional question and unconditional answers to conditional questions were invalid in Roman law. [17] Stipulation for when I die was considered valid and was taken to mean "I will perform when I am dying", i.e. performance is due in the last moments of life. [18] However, a stipulation for the day before death was not valid. [19]
A party typically only demands unconditional surrender when it has a significant advantage over their adversaries, when victory is thought to be inevitable. In modern times, unconditional surrenders most often include guarantees provided by international law. In some cases, surrender is truly accepted unconditionally; while in other cases terms ...