13-808. Acceptance; new or different terms; counteroffer.
If ______________________ (name of offeree) responded to an offer by conditioning acceptance on new terms that added, varied or changed any term of the offer, the response was a rejection of the original offer and operated as a new offer that could be accepted or rejected by ______________________ (name of offeror). [If the new terms were reasonably implied by the original offer, however, the response operated as an acceptance of the original offer despite the additional or different terms.]
[If ______________________’s (name of offeree) response to an offer included additional or different terms but did not condition acceptance on agreement to those terms, the response operated as an acceptance of the original offer.]
USE NOTES
This instruction should be given only when a purported acceptance includes terms that differ from the offer. Only the bracketed portions relevant to the case should be used.
[Adopted, effective November 1, 1991; as amended by Supreme Court Order No. 18-8300-013, effective for all cases pending or filed on or after December 31, 2018; as amended by Supreme Court Order No. 20-8300-006, effective for all cases pending or filed on or after December 31, 2020.]