Document Type

Article

Publication Date

2004

Abstract

Amended Section 2-207 of the Uniform Commercial Code1 (the Code) states new contract rules. I call these "contract rules" to avoid the labels of contract formation and contract interpretation. These new rules cure many of the problems presented by current Section 2-2072 and remind courts that the purpose of Section 2-207 is to interpret a contract that has been made, not to see if a contract exists. One is tempted to label current Section 2-207 as a contract formation provision-and to some extent that would be right-but most of this Section's work has been in contract interpretation, not in contract formation. Put differently, the Section does not affirm the existence of a contract; rather it works where the parties' behavior already shows a contract. Like a diligent German Shepherd, this Section searches among the verbal rubble for the terms of the contract.


Share

COinS