Selected Cases by Article & Issues
Article 2.1.116 Cases
(1) A reply to an offer which purports to be an acceptance but contains additions, limitations or other modifications is a rejection of the offer and constitutes a counter-offer.
(2) However, a reply to an offer which purports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance, unless the offeror, without undue delay, objects to the discrepancy. If the offeror does not object, the terms of the contract are the terms of the offer with the modifications contained in the acceptance.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Modified acceptance | 2 |
| 1.1 | Constituting counter-offer | |
| 1.2 | Constituting acceptance where modifications not material and not objected to by offeror. | 5 |
| 1.2.1 | Examples of non-material modifications | 1 |
| 1.2.2 | Example of material modifications | |
| 2 | Difference with writings in confirmation (see Art. 2.1.12) | |
| 3 | Difference with battle of forms (see Art. 2.1.22) |