Andrea offered to buy apricots from Aramos. The offer was for 10 tons at $1.20 per pound to be transported to Andrea's warehouse in Aramos trucks. Aramos accepted the offer, but said that the goods would be transported in Andrea's trucks. A dispute later arose and Aramos refused to sell the apricots, asserting that no contract existed. If Aramos sues, it:

Question

Quizplus · Accepted Answer

The UCC applies to contracts for the sale of goods, including agricultural products. The fact that Aramos wanted to transport the goods in Andrea's trucks instead of his own does not change the terms of the offer in a material way, and therefore does not constitute a counteroffer. If it is shown that the parties intended to form a contract and that the transportation issue did not materially alter the terms of the offer, Aramos would be bound by the contract even though his acceptance contained different terms from the original offer. New consideration is not necessary in this case as the transportation issue did not amount to a new or additional term that would require it.

Andrea Offered to Buy Apricots from Aramos