Question
Wolcott and Sarah, both merchants and residents of Gainesville, Florida, aspire to enter into a contract with each other for the sale/purchase of goods. After
Wolcott and Sarah, both merchants and residents of Gainesville, Florida, aspire to enter into a contract with each other for the sale/purchase of goods. After Wolcott makes an offer to Sarah, Sarah responds with a written confirmation of acceptance; however, this written confirmation of acceptance states additional terms that are not present in Wolcott's offer. Nevertheless, Wolcott's offer did not expressly limit acceptance to the terms of his offer and Sarah's additional terms do not materially alter Wolcott's offer. If Wolcott does not give notification of objection to Sarah's terms within a reasonable time, which of the following will occur?
O Due to the Mirror Image Rule, a contract is not founded until both Wolcott and Sarah agree to the same exact
terms.
O Wolcott and Sarah must turn to common law principles, which are used to settle disputes between merchants.
O Sarah's additional terms constitute a rejection of Wolcott's offer and therefore create a new offer entirely.
O Due to Wolcott's failure to give notification of objection to Sarah's terms within a reasonable time, Sarah's
terms will become part of the contract.
O Due to Sarah's written confirmation of acceptance, the offer as provided by Wolcott will be solidified as the
legally binding contract.
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