
5. Under the mirror image rule, the terms as stated in the acceptance must exactly “mirror” the terms
in the offer. If the acceptance changes or qualifies the terms in the offer, it is not an acceptance. Instead,
a qualified acceptance is actually a counteroffer. A counteroffer is a response to an offer in which the
terms of the original offer are changed. No agreement is reached unless the counteroffer is accepted by
the original offeror. The UCC has altered the mirror image rule when contract negotiations are being
6. A revocation is the “taking back” of an offer. Offers may be revoked by (1) communication, (2)
7. The rules concerning the interpretation and the enforcement of cyber-contracts are found in the
federal Electronic Signatures in Global and National Commerce Act (the E-Sign Act), the Uniform
8. To destroy mutual assent on a claim of fraud, the complaining or innocent party must prove the
existence of five elements. First, the complaining party will have to show that the other party made a
false representation about some material fact (i.e., an important fact, a fact of substance) involved in the
contract. A material fact is one that is very crucial to the terms of the contract. Second, it must be
shown that the other party made the representation knowing of its falsity. Third, it must be shown that