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1. On May 1,2002, Marek recieved a telegram from Sergei offering to support him in his new construction project. On May 5, 2002, at 9:00 am, Sergei sends Marek a telegram attempting to revoke the offer. At 11:00 am on the sameday, Marek mails Sergei a letter attempting to accept the offer. At 11:30 am, Marek recieves Sergei’s revocation. Assume Marek and Sergei are both construction contractors and the custom in the construction buisness is to offer by telegram and accept by mail. Which of the following statements holds true in this situation? A. Sergei’s revaction can make changes to the contract, though it reaches Marek after he sends the acceptance mail. B. Marek’s acceptance would be effective only when Sergei reads the acceptance, which would the create the contract. C. THe parties would have a contract because Marek used the means of communication impliedly authorized by trade usage. D. The parties would not have a contract as Marek used a nonauthorized means of communicating his acceptance. 2. Which of the following is true about the “Battle of the forms” of the Uniform Commercial Code? A. Timely expression of acceptances creates a contract even if it states additional terms on points the offer did not address. B. Timely expression of acceptances creates a contract only if it includes terms that are identical to those stated in the offer. C. If one of those parties is a merchant, the additional terms in the offeree’s form are included in the agreement. D. A contract is created when the attempted acceptance is expressly conditional on the offeror’s agreement to the terms of the acceptance.

1) On May 1,2002, Marek recieved a telegram from Sergei offering to support him in his new construction project. On May 5, 2002, at 9:00 am, Sergei sends Marek a telegram attempting to revoke the offer. At 11:00 am on the sameday, Marek mails Sergei a letter attempting to accept the offer. At 11:30 am, Marek recieves Sergei’s revocation. Assume Marek and Sergei are both construction contractors and the custom in the construction buisness is to offer by telegram and accept by mail. Which of the following statements holds true in this situation?
Answer – Option (C) – The parties would have a contract because Marek used the means of communication impliedly authorized by trade usage.
Explanation – In the given scenario, both Marek and Sergei are construction contractors and as per the custom in the construction business, it is an acceptable norm to offer by telegram and accept by mail. On May 1, 2002, Marek received an offer from Sergei in the form of a telegram and on May 5, 2002, at 11:00 am, Marek mails Sergei a letter of acceptance. So, it is clear that an authorised means of communication as per trade usage was used by both the parties. Now, according to the mailbox rule that was created to prevent the confusion that arises when the party who has sent the offer has now sent a letter of revocation, but before the revocation letter reaches the offeree, he sends a letter of acceptance. In the mailbox rule, an acceptance becomes effective on dispatch itself even if it is never received by the offeror. This does not holds true for the letter of revocation. In the given case, Marek mails the letter of acceptance at 11:00 am while he receives the letter of revocation at 11:30 am.
2) Which of the following is true about the “Battle of the forms” of the Uniform Commercial Code?
Answer – Option (A) – Timely expression of acceptances creates a contract even if it states additional terms on points the offer did not address.
Explanation – As per the article 2-207(1) of Uniform Commercial Code (UCC), the timely expression of acceptance creates a contract even if it states additional terms on points or terms that are different from those stated in the offer. This controversial rule of UCC is called the “Battle of the Forms.”
 
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