MBE Rules · Contracts
Mirror image rule (common law)
The rule
At common law, an acceptance must mirror the terms of the offer exactly. Any variation — even on a non-material term — is a counter-offer, not acceptance. This rule does NOT apply to sale-of-goods contracts (see UCC §2-207).
In plain English
In common law contracts, if you accept an offer, your acceptance must match the offer exactly. If you change anything, it's like making a new offer instead.
Worked example
The seller offers to sell a car for $10,000. The buyer replies, 'I'll take it for $9,500.' This response is not an acceptance but a counter-offer, so there's no contract yet.
Memory hook
Mirror Image: Exact or Else! Acceptance must match offer precisely; any change is a counter-offer.
The trap
Students think: Minor changes are okay. Wrong, because any variation is a counter-offer. The actual test is exact terms match.
How examiners test it
MBE loves: minor term change in acceptance. Trap: assuming it's still acceptance. It's a counter-offer unless terms mirror perfectly.
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