International Sale of Goods: Contract between Tyler and Abigail
What type of contract do Tyler and Abigail have under the 1980 Convention on Contracts for the International Sale of Goods (CISG)?
a. no contract, because of the UCC.
b. a contract for the factory equipment only.
c. a contract for the factory equipment and the warranty.
d. no contract, because of the mirror image rule.
Pretty sure the answers is C, final answer:
Answer:
Under the 1980 Convention on Contracts for the International Sale of Goods (CISG), Tyler and Abigail have a contract for both the factory equipment and the warranty.
Explanation:
Based on the scenario given, under the 1980 Convention on Contracts for the International Sale of Goods (CISG), Tyler and Abigail have 'a contract for the factory equipment and the warranty.'
This is because, under the CISG, a response to an offer that adds or modifies certain terms but does not materially alter the terms of the offer is considered an acceptance of the offer, thereby establishing a contract. Here, Abigail's request for a warranty doesn't materially alter the terms of Tyler's offer to sell factory equipment.
Essentially, Abigail's response can be treated as an acceptance of Tyler's offer with an additional proposal for a warranty. This is in contrast to the 'mirror image rule' in common law contract principles where an acceptance must mirror the offer exactly to establish a contract.