Newt,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 was a conditional acceptance, which operates as a counteroffer. However, both parties have agreed to the essential terms of the sale, and the different terms on insurance and shipping can be interpreted as mere proposals. In many states, the different terms will be deemed to cancel each other out, leaving the essential terms intact and forming a valid contract. This is known as the Battle of the Forms doctrine.

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