Legal Question in Business Law in California
Penny, a senior vice president at Wholesale Foods LLC, sends a contract to Green Foods, Inc., one of its primary suppliers, containing the terms to purchase a new line of foods from Green. Green receives the contract and signs it but adds to the bottom a provision that any goods received that aren't acceptable must be rejected and returned to Green within 24 hours of receipt. Green then returns the signed contract to Penny at Wholesale Foods. Is this additional provision a part of the contract between the parties? Explain.
2 Answers from Attorneys
LawGuru attorneys don't do law school homework problems. If you want an answer, study the Uniform Commercial Code, especially Section 2-207.
If Penny accepts the contract by acting and performing as though the terms were accepted, then the contract addition will likely be incorporated into the contract.
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