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in this lesson we're continuing our discussion of mutual a sin specifically we want to talk about the difference between the acceptance and the counteroffer under both the common-law and article 2 of the Uniform Commercial Code but Before we jump into that it's just a quick refresher how do we go about forming a traditional enforceable contract remember we have three elements we need mutual cent between the parties consideration and no defenses to formation that would invalidate the otherwise valid contract and in case you're wondering where we are in this lesson in the big picture flow of our contract analysis we're still right here under formation on the M and my cats do sneak of course this M stands for mutual assent and what is mutual assent remember in order to form a traditional enforceable contract we say that there needs to be a meeting of the minds between the parties and how do we make this determination on a contract law a fact pattern well we have to determine whether we have a valid offer in a valid acceptance of that offer once we say we have an offer and acceptance we say we have mutual assent between the parties and at this point we've talked about how an offers formed how an offer can be terminated and ultimately how an offer is accepted and we've even talked about the exact moment in time that an acceptance becomes valid which of course was the subject of our last video when we discussed the mailbox rule but in this lesson we want to move on continuing our discussion of acceptance and really talk about a unique situation that arises when the offeree receives an offer adds different or additional terms to the offer and sends it back as a purported acceptance so this is the situation that we have drawn up here on the board and this is it also a situation you're going to hear referred to in contract law as the Battle of the forms and here's why okay so how this typically is going to play out we're going to have an offer roar who drafts a long offer sheet imagine that we have a 20-page offer sheet that's full of terms and conditions and clauses and provisions and it doesn't matter for right now don't worry about what the offer is for it could be services real estate goods right doesn't matter right now just a long offer sheet though right and that gets sent over to the offeree and the offeree takes this twenty page offer she looks it over reads all the terms conditions clauses provisions likes everything they see says you know what I want to accept this offer this looks great signs their name at the bottom and right below their name just as a note to put back to the offer or they write something like ship by next Tuesday or if it's a service contract let's get...