Select Cases by Article & Issues
 Article #  

  (1) A reply to an offer which purports to be an acceptance but contains additions, limitations or other modifications is a rejection of the offer and constitutes a counter-offer.

(2) However, a reply to an offer which purports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance, unless the offeror, without undue delay, objects orally to the discrepancy or dispatches a notice to that effect. If he does not so object, the terms of the contract are the terms of the offer with the modifications contained in the acceptance.

(3) Additional or different terms relating, among other things, to the price, payment, quality and quantity of the goods, place and time of delivery, extent of one party's liability to other or the settlement of disputes are considered to alter the terms of the offer materially.

# Cases
 1 Modified acceptance
  1.1 Constituting counter-offer
  1.2 Constituting acceptance where modifications not material and not objected to by offeror
   1.2.1 Examples of non-material modifications
   1.2.2 Examples of material modifications
Country # Cases  
Austria 2  
France 2  
Germany 2  
Switzerland 2  
USA 8  
Date Court
14.04.1992 U.S. District Court, S.D., New York
07.12.1999 U.S. District Court of Illinois
05.05.2003 U.S. Circuit Court of Appeal (9th Circuit)
09.05.2008 U.S. District Court, Delaware
31.03.2010 U.S. District Court, M.D. Alabama, Eastern Division
18.01.2011 U.S. District Court, Southern District of New York
08.02.2011 U.S. District Court, District of Maryland
10.09.2013 U.S. District Court, Western District of Pennsylvania
   1.2.3 Battle of forms
Total: 46

all cases related to this article