Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

A candy manufacturer used pre-printed purchase order forms to purchase separate orders of baking sugar from a supplier. The supplier responded to each order by

A candy manufacturer used pre-printed purchase order forms to purchase separate orders of baking sugar from a supplier. The supplier responded to each order by sending the shipment along with its own printed form confirming the shipment and the terms. According to the manufacturer, the last shipment contained spoiled sugar. The manufacturer filed a complaint in state court alleging breach of contract and damages. The supplier filed a motion to have the dispute transferred to arbitration. The manufacturer's purchase order forms were silent as to the mode of settling disputes, but the supplier's form contained a clause calling for "any controversy or claim" to be settled by arbitration. The manufacturer was silent as to the arbitration clause. What is the likely decision of the court?

A.The case must be transferred to arbitration because a clause in the acceptance form always becomes a part of the contract if the offeror does not reject it.

B.The case must be transferred to arbitration because the additional term did not materially alter the offer and therefore became incorporated into the contract.

C.The clause did not automatically become a part of the contract because it materially altered the offer, thus there is no transfer to arbitration.

D.The clause did not become a part of the contract because the offer in this case expressly limited acceptance to the strict terms of the offer, and thus there is no transfer to arbitration.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Employment Law New Challenges In The Business Environment

Authors: John Moran

6th Edition

978-0133075229

More Books

Students also viewed these Law questions

Question

List the steps essential to improving teamwork.

Answered: 1 week ago

Question

What is electric dipole explain with example

Answered: 1 week ago

Question

What is polarization? Describe it with examples.

Answered: 1 week ago