Question: Barney, a consumer, sent a purchase order for a table saw to Tonko Manufacturers. The order was silent regarding how disputes between the parties would

Barney, a consumer, sent a purchase order for a table saw to Tonko

Manufacturers. The order was silent regarding how disputes between the

parties would be settled. Tonko sent back a definite, unconditional

acceptance that contained an additional term that stated that disputes must

be submitted to arbitration. Barney received the acceptance, but he never

agreed or objected to the additional term.

Did Tonko's acceptance form a contract between Barney and Tonko?

If a contract was formed, was the additional term in the acceptance part of

the contract?Barney, a consumer, sent a purchase order for a table saw to Tonko Manufacturers. The order was silent regarding how disputes between the parties would be settled. Tonko sent back a definite, unconditional acceptance that contained an additional term which stated that disputes must be submitted to arbitration. Barney received the acceptance, but he never agreed or objected to the additional term.

1 .

Under the UCC, did Tonko's acceptance form a contract between Barney and Tonko?

2 .

Would your answer change if this was governed by the common law?

Barney, a consumer, sent a purchase order for a table saw

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