Question

How are merchants allowed under the UCC to form flexible contracts that allow for later additions...

How are merchants allowed under the UCC to form flexible contracts that allow for later additions or specifications? Why is flexibility required?

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Answer #1

In the contracts formed by the merchants, there is no common language of contract and acceptance is not always the mirror image of the offer. The language used by a merchant is common for all its orders and significantly differs from those of the others. In this scenario, if the common law contract formation is enforced, there will be a number of discrepencies in the terms of contract, leading to chaos, business disruption and will lead to a number of disputes. Due to this factor, the UCC allows certain degree of flexibility in contracts between the merchants where later additions and specification are allowed in a contract.

The flexibility accomodates the real time issues faced at the marketplace by the merchants.

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