Yolanda and Mack are negotiating a contract deal for sale of goods. Yolanda offers Mack $2 per pound for Mack’s peanuts. Mack wants to sell them for $2.50. Under UCC, what happens when Mack asks for the higher amount, assuming both parties are merchants? Mack’s offer becomes a counteroffer in this transaction, and Yolanda is the offeree.
Mack’s change of terms is incorporated into the standing deal.
Mack cannot make a new offer under UCC – he can only accept or reject Yolanda’s standing offer.
Mack’s offer negates the terms of the contract, and a new contract must be drawn up when both parties can meet.