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Padhma Wholesale, a U.S. company, sends a signed, written offer to Crenshaw Retail, also a U.S. company. The offer contains all major terms, provides
Padhma Wholesale, a U.S. company, sends a signed, written offer to Crenshaw Retail, also a U.S. company. The offer contains all major terms, provides for standard ground shipping within 10 business days as well as a clause that states that any acceptance of the offer is limited to the terms of the offer. Crenshaw Retail sends its own standard response form back that notes that it is accepting Padhma's offer. It also contains a provision that says that the goods must be shipped overnight. Padhma does not respond. What is the result? Multiple Choice The common law rules apply here and the parties do not have an express contract. The battle of the forms rule applies here and because Crenshaw's form stated that it was an acceptance and the offer limited acceptance to the terms of the offer, the overnight shipping term will be ignored and the standard shipping will be enforced The battle of the forms rules apply here and the parties do not have an express contract because Crenshaw's terms were not an exact replica of Padhma's offer.
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