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Where the Offeror Is a Merchant and the Offeree Is

Question 35

Multiple Choice

Where the offeror is a merchant and the offeree is a nonmerchant,what is the effect of minor different terms contained in an acceptance?


A) A contract will be formed incorporating the different terms of the acceptance.
B) No contract is formed,and the purported acceptance is treated as a counteroffer.
C) A contract is formed,but only if the parties resolve the differences in the offer and the acceptance.
D) A contract is formed according to the terms of the offer,and the additional terms are treated as proposed additions to the contract.
E) The purported acceptance is treated as a rejection,except that the original offer remains open under the firm offer rule.

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