Search Rutgers Law Library N.J. Court Opinions

1 JPC MERGER SUB LLC, v. TRICON ENTERPRISES, INC. -- rank: 1000

... other provisions of [the UCC].'' Id. at 525-26 (quoting N.J.S.A. 12A:2-207(3)). A-2893-21 3 In this case, plaintiff subcontractor ... 2022 orders. For the reasons that follow, we conclude that N.J.S.A. 12A:2-207(3) was inapplicable to 'knock-out' the 'pay-if-paid ... reasonable as consistent with each other.' Pertinent to this appeal, N.J.S.A. 12A:2-207 governs acceptance or confirmation of a UCC sales contract when ... 2893-21 23 exchange unsigned documents containing additional contract provisions. N.J.S.A. 12A:2-207 provides: (1) A definite and seasonable expression of acceptance or ... Act. In Richardson, we 'adopted' the ''knock-out' rule' of N.J.S.A. 12A:2- 207(3) as 'preferable' in cases with conflicting contract terms. 347 ... only] one party' to the contract. The judge determined that N.J.S.A. 12A:2-207(3) was inapplicable because 'the offer expressly limit[ed] ...

docket:	a2893-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-07
status:	Published
citation:
Document Size:	61358

2 JEFFREY RICHARDSON, Plaintiff v. UNION CARBIDE INDUSTRIAL GASES, INC., et al. -- rank: 937

... J. 229 , 234 (1973). I     The relevant statutory provision is N.J.S.A. 12A:2-207, which provides as follows:         Additional Terms in Acceptance or Confirmation ... by our courts in a published opinion.     We note that N.J.S.A. 12A:2-207 addresses "additional terms in acceptance" and also uses the language "different" terms. N.J.S.A. 12A:2-207 is silent on the question of whether "additional or different ... unclear whether the reference to "different" terms in the acceptance, N.J.S.A. 12A:2-207-(1), means that the drafters intended "different" to be treated like "additional" terms under N.J.S.A. 12A:2-207, suggests that both additional and different terms, are governed by See footnote 3 3 However, comment six of N.J.S.A. 12A:2-207 advances the proposition that conflicting terms in exchanged writing ...

docket:	A3209-00
court:	NJ Superior Court Appellate Division
decided:	2002-02-11
status:	published
citation:	347 N.J. Super. 524 790 A.2d 962
Document Size:	31209

3 JERMAX, INC. v. BAOSTEEL AMERICA, INC -- rank: 879

... s reliance on the "battle of the forms" provisions of N.J.S.A. 12A:2-207 was misplaced. Last, defendant maintains that to the extent the ... relied on U.C.C. section 2-207, codified at N.J.S.A. 12A:2-207, which applies in circumstances commonly known as a "battle of ... the disposition of the arbitration of counts one through seven. N.J.S.A. 12A:2-207 codifies a provision of the Uniform Commercial Code (U.C ...

docket:	a5204-08
court:	superior court appellate division
decided:	2009-12-04
status:	unpublished
citation:
Document Size:	40246

4 AMSCOT STRUCTURAL PRODUCTS CORP v. CRANE-HOGAN STRUCTURAL SYSTEMS, INC -- rank: 702

... v. New Cmty. Corp. , 207 N.J. 344 , 363 (2011). N.J.S.A. 12A:2-207(3) provides as follows: Conduct by both parties which recognizes ...

docket:	a5015-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-10
status:	unpublished
citation:
Document Size:	75091

5 RICHARD J. BADOLATO COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE v. CHARYSE McMILLAN -- rank: 486

... made conditional on assent to [] additional or different terms.') (quoting N.J.S.A. 12A:2-207(1)). Moreover, as indicated by the written exchanges between counsel ...

docket:	a5474-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-19
status:	Unpublished
citation:
Document Size:	26454