Did tonkos acceptance form contract between barney and tonko


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Barney, a consumer, sent a purchase order for a table saw to Tonko Manufacturers. The order was silent regarding how disputes between the parties would be settled. Tonko sent back a definite, unconditional acceptance that contained an additional term which stated that disputes must be submitted to arbitration. Barney received the acceptance, but he never agreed or objected to the additional term.

• Under the UCC, did Tonko's acceptance form a contract between Barney and Tonko?

• Would your answer change if this was governed by the common law?

The response should include a reference list. Double-space, using Times New Roman 12 pnt font, one-inch margins, and APA style of writing and citations.

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