Sale of Goods Before UCC 2-207 Explained
Learn about the acceptance of offers in the sale of goods before UCC 2-207 using examples of correspondence between Poel and Brunswick-Balke-Collender. Understand why the mirror image rule is not applicable and how UCC 2-207 impacts contracts in modern law.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
You are allowed to download the files provided on this website for personal or commercial use, subject to the condition that they are used lawfully. All files are the property of their respective owners.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.
E N D
Presentation Transcript
Sale of Goods Before UCC 2-207 Richard Warner
Poel v. Brunswick-Balke-Collender The offer is the letter from Brunswick-Balke-Collender (the seller) of April 4. Poel (the buyer) replies to this offer with its letter of April 6. The issue is whether the April 6 letter is an accepetance. Is it a mirror image of the offer? No, there is a discrepancy--the April 6 letter requires prompt acknowledgement of acceptance of the order.
The April 4 Letter from Poel & Arnold Brunswick-Balke-Collender Co., Long Island City, L. I. -- Gentlemen: Enclosed, we beg to hand you contract for 12 tons Upriver Fine Para Rubber, as sold you today, with our thanks for the order. Sold to You: For equal monthly shipments January to June, 1911, from Brazil and/or Liverpool, about twelve (12) tons Upriver Fine Para Rubber at two dollars and forty-two cents ($2.42) per pound; payable in U. S. gold or its equivalent, cash twenty (20) days from date of delivery here. Is this an offer? (a) Yes (b) No
The April 6 Letter Order No. 25409 This number must appear on Invoices and Cases The Brunswick-Balke-Collender Co. of New York Review Ave., Fox and Marsh Sts. Long Island City, 4/6, 1910 M. Poel and Arnold, 277 Broadway, N. Y. C. Please deliver at once the following, and send invoice with goods: About 12 tons Upriver Fine Para Rubber at 2.42 per lb. Equal monthly shipments January to June, 1911. Conditions on Which Above Order is Given. Goods on this order must be delivered when specified. In case you cannot comply, advise us by return mail stating earliest date of delivery you can make, and await our further orders. The acceptance of this order which in any event you must promptly acknowledge will be considered by us as a guaranty on your part of prompt delivery within the specified time. Does this contain terms not in the offer? (a) Yes (b) No
The Result No contract. In the modern law, in the sale of goods, UCC 2-207 replaces the mirror image rule. There is no mirror image rule applicable to sale of goods.
