Mirror Image Rule
When is a rejection not a counteroffer?
A counter-offer with a few modest adjustments may occasionally be viewed by courts as an extension of the bargaining process rather than a total rejection. This is unusual and contingent upon the particular circumstances.
What consequences result from breaking the mirror-image rule?
An “acceptance” turns into a counter-offer if it contains modifications. The initial bidder may then:
- Accept the opposing proposal.
- Make a fresh offer and reject the counter-offer.
- Treat the counter-offer as a rejection and ignore it.
How can I stay clear of mirror image rule problems?
- In your offer, explicitly list all terms and limitations.
- Make sure the deal you accept accurately represents what you were offered.
- Make a specific counteroffer and wait for the other party’s answer if you wish to make modifications.
- When handling complicated contracts, think about speaking with an attorney.
How do contracts get protected by the mirror image rule?
In order to make sure that everyone is on the same page and intends to be bound by the same terms, the mirror image rule is used. It stops one party from agreeing to an offer that has new or modified conditions, which might transform the essence of the contract.
What are the exceptions to mirror image rule?
- UCC 2-207: The Battle of the Forms
- Customs and Usage of Trade
Reference:
- Cornell Law School
- Delaware Courts
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