Contracts: What is the mirror image rule?
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- เผยแพร่เมื่อ 2 ต.ค. 2024
- What is the mirror image rule? This video discusses the common law mirror image rule for contracts where valid acceptances must mirror the terms of the offer. To discuss further please comment below and visit my blog and message board. Also, feel free to send me an email.
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Thank you for this video. Love your work! :)
It does not apply to sales of goods ---- Prof. Berry
JQ, your professor might have been saying: UCC 2-207 changes the traditional mirror image rule in that where an acceptance does not mirror the offer, the parties might still form a contract. And yes, the UCC applies to contracts for the sale of goods.
Not even interested in Law, just here to understand some basics of cryptocurrencies that relate to this principle.
So could you say that the mirror image rule is basically accepting an ultimatum?
Hi Alvaro. I would not use the word ultimatum. An ultimatum is a final offer that carries with it a threat - - accept this offer or face the consequences. The mirror image rule is just a traditional rule that the acceptance should match the offer, otherwise it is a rejection and counteroffer.
USLawEssentials alright I see, thank you! So the mirror image rule cannot be applied to let's just say extortion?
Extortion is a crime. The mirror image rule is just a traditional way of understanding how contracts are formed.
Oh I see, thank you so much!
if the farmer said that he had up to 1000 apples and other side asked for 900, will it be counteroffer?
Depends if the farmer made an offer or not. In this case, he did not make a direct offer so there is no contract.
The explanation of the mirror image rule is great but the illustration and example is wrong. The sale of apples would fall under the UCC universe because apples are considered movable goods. The mirror image rule falls under the common law not UCC. The UCC handles movable goods and common law handles contracts concerning services, real estate etc.
You are correct. You can find videos on the uslawessentials website (uslawessentials.com) and this channel explaining that the UCC changes the mirror image rule in certain transactions. I believe this video explains the traditional mirror image rule w/o discussing how the UCC affects the rule.
@@USLawEssentials the explanation was great concerning the mirror image rule but mirror image rule is under common law & not UCC. UCC's remedy for conflicting offer & acceptance would be UCC 2-207. Two completely separate universes and the two do not mix at all. I guess from a distance chess and checkers look the same but the rules are completely different. Again I'm not knocking the information on the mirror image rule because it's good. It's just a bad illustration to use a UCC transaction to explain a common law issue.
I understand your point. Thank you for commenting. You are correct that when analyzing contract issues we need to recognize whether the contract is governed by the UCC or not.
I can say that the mirror image rule can be described as a counteroffer?
No. It is a traditional rule that for an acceptance to be effective it must mirror the offer. Otherwise, it is a counteroffer.
Very easy to understand. Thank you.