If a nonmerchant's offer expressly conditions acceptance on a nonmer?chant's agreement to the terms of the offer, a positive response may con?sti?tute an acceptance even if it contains additional terms.

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This is known as the "mirror image" rule in contract law, where the acceptance must match the exact terms of the offer. However, if a nonmerchant's offer expressly conditions acceptance on agreement to the terms of the offer, a positive response may still be considered an acceptance even if it includes additional terms. This is known as the "battle of the forms" rule, where the terms of the contract are determined by which party's terms were the last to be included as part of the agreement.

If a Nonmerchant's Offer Expressly Conditions Acceptance on a Nonmer?chant's