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Source Offer and Acceptance Delaware Bar Exam Topic Index Matched to this deck.

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0 tracked cards Delaware Essays

First, Party A offers to hire Party B for a one-year consulting project at $12,000 per month. Party B replies, "I accept only if disputes are resolved by binding arbitration in Wilmington." Second, assume a separate sale-of-goods transaction between merchants: Buyer sends a purchase order, and Seller replies, "We accept your order. Disputes will be resolved by binding arbitration in Wilmington." Seller's goods acknowledgment is not expressly conditional on Buyer's assent to arbitration.
Which statement best compares the rules?

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Under Article 2, an expressly conditional response forms a contract unless the offeror objects within 10 days. Under common law, the reply is an acceptance because it uses the word accept despite adding arbitration. Under both common law and Article 2, no contract can form unless the parties sign identical forms. Under common law, the reply is a counteroffer because it conditions assent on a new material term; under Article 2, additional terms may not prevent formation unless acceptance is expressly conditional.

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