Bates and Cramer vs. Ames

2. Issue:
Assuming the common law is the applicable law, is Bates¡¦s first letter to Ames an acceptance or a counteroffer?

Rule:
Under the Common Law rule for an acceptance, also known as the Mirror
Image Rule, if the terms of acceptance do not ¡§mirror¡¨ the offer, then the acceptance is really a counter offer.

Application:
In Bates¡¦ first letter he wrote ¡§I will accept the offer if you use putting Green brand sod.¡¨ which does not mirror the original offer from Ames under the mirror image rule in the Common Law.

Conclusion:
Under the Mirror Image Rule, Bates¡¦s first letter to Ames did not mirror the offer given by Ames, and therefore would be considered as an counteroffer.

3. Issue:
Assuming the UCC is the applicable law, is Bates¡¦ first letter to Ames an acceptance or a counteroffer?

Rules:
Under the UCC, acceptance does not have to be the...