! Required information Introduction Read the overview below and complete the activities that follow. Battle of the Forms and the Mirror Image Rule The "battle of the forms" is the UCC's way of reconciling minor differences between the offer and the form returned by the accepting party. This activity applies 2-207 to a fictional transaction between a wholesaler and a grocer. CONCEPT REVIEW: The common law's mirror image rule holds that the offeror's form and the acceptor's form must be identical in every material respect, or there is no contract. The UCC handles the problem differently, allowing a contract to arise even when there is some difference between the two parties' forms. Yet to the extent that the two parties' forms are inconsistent, it is impossible to incorporate both parties' wishes into the contract. The UCC provision that determines whose wishes make it into the deal and whose do not is called the "battle of the forms," 2-207. Case Analysis Battle of the Forms Read the short case below, and select the best answer to each question that follows. Suppose that a Kroger inventory manager emails the food distributor San Martin Products to request a price point on some 8 oz. cans of sardines in aji picante sauce. San Martin replies, telling Kroger it can sell a package of 2,000 cans for $1,850. Kroger then overnights a signed, written offer to purchase two 2,000 can packages from San Martin at the rate San Martin had quoted. Kroger's offer would have San Martin reimburse Kroger for any cans that are damaged in the delivery process. Upon receiving Kroger's offer, San Martin overnights a form that is identical to Kroger's, except that it would have Kroger bear the risk of damage in delivery. Who, in this case, is a merchant? Multiple Choice In order to answer this question, we must first determine whether either party is a nationally-registered merchant of goods. O San Martin is a merchant, but Kroger is not. Neither party is a merchant. O Both Kroger and San Martin are merchants. Kroger is a merchant, but San Martin is not. O