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making the offer may request a particular method to be used for theacceptance. A contract comes into existence when the acceptance issent and the method used is reasonable.Food for ThoughtWith all of the hungeraround the world,it seems a waste thatsome food becomesgarbage. School cafeterias,grocery stores,and farmers’ marketsthrow away food thatthey think is no longerfit for sale. Are thereways to get some ofthis food to peoplewho need it?Get InvolvedFind charitable organizationsin your areathat could use thisfood if they receivedit. Check with yourcity’s health departmentabout laws thatmay prevent restaurantsand other businessesfrom donatingthis food to charities.Report on yourfindings to the class.Different or Additional Terms An acceptance may have differentor additional terms added without a complete rejection of the offer.These different or additional terms are treated as proposals for additionsto the contract if both parties are not merchants. If both partiesare merchants, the revised terms become part of the contract unlessthey require a major change or the party making the offer objects.Firm Offer A firm offer is a merchant’s written promise to holdan offer open for the sale of goods. It does not require payment to bebinding. A merchant cannot revoke a firm offer during the time statedin the offer or for a reasonable time if none is stated. However, no offercan stand for longer than three months.Open-Price Terms A sales contract may be made without a settledprice. Unless the parties agree on a price prior to delivery, a reasonableprice can be settled at the delivery time.Output and Requirement Terms Output and requirement contractsare allowed even if they are not definite. For example, a retailermight agree to buy all of a backpack manufacturer’s backpacks. Anagreement to buy all of a manufacturer’s goods is an outputcontract . On the other hand, Tri-State Petroleum Distributors mightagree to sell all of the gasoline needed by the Gabriel TruckingCompany. This agreement is a requirement contract , which occurswhen a seller agrees to supply the needs of a buyer.Modification No consideration is necessary to change a contract forthe sale of goods. The modification may be oral, unless the originalagreement is in writing and states that it must be modified in writing.This kind of statement is only effective when signed by the customer.Leasing GoodsYou can apply the sale-of-goods rules to the leasing of goods, witha few modifications. Rentals for items such as a DVD player, tuxedo,computer, or car are governed by the UCC.Form of Sales ContractsMany sales contracts are oral rather than written. They are oftenmade by telephone, at a store counter, or face-to-face between private272 Unit 3: Understanding Consumer Law