Barney, a consumer, sent a purchase order for a table saw to Tonko Manufacturers. The order was silent regarding how disputes between the parties would be settled. Tonko sent back a definite, unconditional acceptance that contained an additional term which stated that disputes must be submitted to arbitration. Barney received the acceptance, but he never agreed or objected to the additional term.
1. Under the UCC, did Tonko’s acceptance form a contract between Barney and Tonko?
2. Would your answer change if this was governed by the common law?