Newton,a gun dealer,offers to sell a rare civil war musket to Rush,another dealer,for "$15,000,insurance and shipping paid by buyer." Rush responds,"I accept.Insurance and shipping costs divided equally between seller and buyer." The parties:

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Rush's response is a conditional acceptance, which serves as a counteroffer, and not a rejection. When the parties disagree on terms, the different terms will cancel each other out, leaving the agreement in place for the remaining terms. This concept is the doctrine of the "battle of the forms," which is followed in the majority of states. Therefore, a contract exists, with the different terms of insurance and shipping costs being divided equally.

Newton,a Gun Dealer,offers to Sell a Rare Civil War Musket