When a term of an acceptance conflicts with a term of an offer but it is clear that the
parties intended to be bound by a contract, the UCC still recognizes the formation of a
contract, and the conflicting terms cancel each other and are ignored.
To establish impossibility a party must show (1) the unexpected occurrence of an
intervening act; (2) that the risk of the unexpected occurrence was not allocated by
agreement or custom; and (3) that the occurrence made performance impossible.
A written will must be signed by the testator at the bottom or end of the will.
The SEC has accused the Acme Company of fraud in connection with the sale of its
securities to American citizens. Although the firm is American-owned, it is located in
Switzerland. All of the accounts and business records of the firm are in several Swiss
banks. The SEC has been actively pursuing the case, although it has not been able to
provide a great deal of hope for those victimized by the fraud. What factors are
probably hindering the SEC, and how might this be handled?
Only government agencies can sue for violations of an environmental protection
control.