Duquesne Law Review


John L. Gedid


Traditional analysis of the variance problem in contract formation prior to the adoption of the Uniform Commercial Code denied the complexity of the issue and embraced mechanical and simplistic approaches of the mirror image and last shot doctrines. This article focuses on these pre-Code approaches and solutions to variance and identifies incorrect premises and assumptions underlying these analyses. From this basis, the author advances a "modern" approach to understanding and resolving variance problems which recognizes the complexity of the issue in the context of the goals of the agreement process and the substantive policies of the Code.

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