Does the UCC's approach to acceptance differ from the common law regarding counter offers?
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what is a counter offer in contract law Informational
- Are there any specific rules of professional conduct that apply to contract negotiations? How do courts typically resolve disputes where there is a disagreement about whether a valid acceptance occurred following a counter offer?
- How should such clauses be drafted to avoid ambiguity and ensure enforceability?
- What about a change in the included fixtures? In employment contracts, how might a counter offer be used by a potential employee?
- If a specific event occurs after the contract is formed, can it trigger the termination or modification of the contractual obligations?
- Undue influence typically involves a relationship of trust or dependence where one party unfairly persuades the other. What evidence is needed to prove undue influence in the context of contract formation? What are the legal implications of a counter offer that seeks to incorporate industry standards or codes of practice by reference?
- What are the advantages and disadvantages of using ADR in such cases? What are the key takeaways and best practices for understanding and navigating the legal aspects of counter offers in contract law?
- At what point does a requested change become substantial enough to qualify as a counter offer?
- Are parties generally bound by the terms of a written contract they sign, even if they have not read or fully understood them?
- How do the "mirror image rule" and counter offers interact? Are there any exceptions to the general rule that a counter offer rejects the original offer?
- Does novation involve the creation of a completely new contract that replaces the original obligations, whereas a counter offer leads to a modification of the initial proposal?
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