Home Table of Contents

§ 22-205. Conditional offer or acceptance

West's Annotated Code of MarylandCommercial Law

West's Annotated Code of Maryland
Commercial Law
Title 22. Maryland Uniform Computer Information Transactions Act (Refs & Annos)
Subtitle 2. Formation and Terms; Formation of a Contract; Terms of Records; Electronic Contracts: Generally (Refs & Annos)
Part I. Formation of a Contract
MD Code, Commercial Law, § 22-205
§ 22-205. Conditional offer or acceptance
(a) In this section, an offer or acceptance is conditional if it is conditioned on agreement by the other party to all the terms of the offer or acceptance.
(b) Except as otherwise provided in subsection (c) of this section, a conditional offer or acceptance precludes formation of a contract unless the other party agrees to its terms, such as by manifesting assent.
(c) If an offer and acceptance are in standard forms and at least one form is conditional, the following rules apply:
(1) Conditional language in a standard term precludes formation of a contract only if the actions of the party proposing the form are consistent with the conditional language, such as by refusing to perform, refusing to permit performance, or refusing to accept the benefits of the agreement, until its proposed terms are accepted.
(2) A party that agrees, such as by manifesting assent, to a conditional offer that is effective under paragraph (1) of this subsection adopts the terms of the offer under § 22-208 or § 22-209 of this subtitle, except a term that conflicts with an expressly agreed term regarding price or quantity.

Credits

Added by Acts 2000, c. 11, § 1, eff. Oct. 1, 2000. Amended by Acts 2000, c. 61, § 6, eff. April 25, 2000.
MD Code, Commercial Law, § 22-205, MD COML § 22-205
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document