U

If the offeror does not give specific and unequivocal assent but the parties act as if they have a contract, the provisions of section 2-207(3) apply to fill in the terms of the contract. Application of section 2-207(3) is appropriate in that situation because by going ahead with the transaction without resolving their dispute, both parties are responsible for introducing ambiguity into the contract. Requiring a party to assume more liability than it intends is not altogether inappropriate. For example, if a seller inserts a term in its form that requires assent to additional terms and then does not enforce that requirement the seller ...