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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.
MA Chirelstein, Concepts and Case Analysis in the Law of Contracts (6th edn 2010) EA Farnsworth, Contracts (2008) LL Fuller, MA Eisenberg and MP Gergen Basic Contract Law (9th edn 2013) CL Knapp, NM Crystal and HG Prince, Problems in Contract Law: Cases and Materials (7th edn Aspen 2012) Books. OW Holmes, The Common Law (1890) chs 7-9
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.
Contract law; Formation; Capacity; Offer and acceptance; Meeting of the minds 2; Abstraction principle 4,5; Posting rule 1; Mirror image rule; Invitation to treat; Firm offer; Consideration 1,4; Implication-in-fact; Collateral contract; Defences; Misrepresentation; Mistake; Threats and unequal bargaining power; Illegality and public policy ...
Contract law; Formation; Capacity; Offer and acceptance; Meeting of the minds 2; Abstraction principle 4,5; Posting rule 1; Mirror image rule; Invitation to treat; Firm offer; Consideration 1,4; Implication-in-fact; Collateral contract; Defences; Misrepresentation; Mistake; Threats and unequal bargaining power; Illegality and public policy ...
An implied-in-fact contract is a form of an implied contract formed by non-verbal conduct, rather than by explicit words. The United States Supreme Court has defined "an agreement 'implied in fact'" as "founded upon a meeting of minds, which, although not embodied in an express contract, is inferred, as a fact, from conduct of the parties showing, in the light of the surrounding circumstances ...
Contract law; Formation; Capacity; Offer and acceptance; Meeting of the minds 2; Abstraction principle 4,5; Posting rule 1; Mirror image rule; Invitation to treat; Firm offer; Consideration 1,4; Implication-in-fact; Collateral contract; Defences; Misrepresentation; Mistake; Threats and unequal bargaining power; Illegality and public policy ...
Contract law; Formation; Capacity; Offer and acceptance; Meeting of the minds 2; Abstraction principle 4,5; Posting rule 1; Mirror image rule; Invitation to treat; Firm offer; Consideration 1,4; Implication-in-fact; Collateral contract; Defences; Misrepresentation; Mistake; Threats and unequal bargaining power; Illegality and public policy ...