Mich. Comp. Laws » Michigan Compiled Laws / Chapter 440 / Act 174 of 1962
Michigan Compiled Laws

Mich. Comp. Laws § 440.2206 (2026)

Offer and acceptance in formation of contract.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

UNIFORM COMMERCIAL CODE


Act 174 of 1962


440.2206 Offer and acceptance in formation of contract.

Sec. 2206.

    (1)  Unless otherwise unambiguously indicated by the language or circumstances

    (a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances;

    (b) an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or nonconforming goods, but such a shipment of nonconforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.

    (2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.

History: 1962, Act 174, Eff. Jan. 1, 1964

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1993–2024 · leading case: Eberspaecher North Am., Inc. v. Van-Rob, Inc., 544 F. Supp. 2d 592 (E.D. Mich. 2008).
Sort: Relevance Newest Treatment
Eberspaecher North Am., Inc. v. Van-Rob, Inc., 544 F. Supp. 2d 592 (E.D. Mich. 2008). · cites it 2× “June 8, 2000) (holding that where a purchase order invited acceptance by the prompt shipment of conforming goods, the seller accepted all of the terms contained in the purchase order when it shipped the goods); UCC § 2-206(l)(b) and Mich. Comp. Laws § 440.2206 (l)(b): Unless…”
Gage Prods. Co. v. Henkel Corp., 393 F.3d 629 (6th Cir. 2004). “Mich. Comp. Laws § 440.2206 (1). Gage made it clear via its letter of June 19, 2001 and with each subsequent invoice that it would not consent to the price terms in Henkel’s purchase orders.”
Extrusion Painting, Inc. v. Awnings Unlimited, Inc., 37 F. Supp. 2d 985 (E.D. Mich. 1999). · cites it 3× “§ 440.2206, cmt. 1. Defendant argues that the purchase order unambiguously indicated “CONFIRM TO: Olof Martensson.”
Johnson Controls, Inc. v. TRW Veh. Saf. Sys., Inc., 491 F. Supp. 2d 707 (E.D. Mich. 2007). “Laws § 440.2206. Viewing the evidence in the light most favorable to TRW, the Court finds that genuine issues of material fact exist that *721 preclude the Court from granting JCI s motion.”
Barto v. United States, 823 F. Supp. 1369 (E.D. Mich. 1993). “UCC Section 2-206 provides: (1) Unless otherwise unambiguously indicated by the language or the circumstances (a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.”
BAE Indus., Inc. v. Agrati - Medina, LLC (E.D. Mich. 2022). · cites it 3× “§ 440.2206,6 and if the Court determines that a requirements contract exists, Agrati would have breached by failing to deliver parts to Plaintiff on September 7, 2022, in the quantities specified.”
BAE Indus., Inc. v. Agrati - Medina, LLC (E.D. Mich. 2022). · cites it 3× “§ 440.2206,6 and if the Court determines that a requirements contract exists, Agrati would have breached by failing to deliver parts to Plaintiff on September 7, 2022, in the quantities specified.”
Tower Auto. Operations USA I LLC v. Vari-Form Mfg., Inc. (E.D. Mich. 2024). · cites it 3× “§ 440.2206,2. Further the Court 1 Section 440.”
The Dow Chem. Co. v. Auria Solutions USA Inc (Mich. Ct. App. 2023). “In that regard, MCL 440.2206(1) provides: (1) Unless otherwise unambiguously indicated by the language or circumstances (a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances; (b) an order or…”
Maeder Bros Quality Wood Pellets Inc v. Hammond Drives & Equip. (Mich. Ct. App. 2015). “” MCL 440.2206(1)(b). “Where the buyer has accepted goods and given notification ([MCL 400.”
— Mich. Comp. Laws § 440.2206(1) — 2 cases
Extrusion Painting, Inc. v. Awnings Unlimited, Inc., 37 F. Supp. 2d 985 (E.D. Mich. 1999). “§ 440.2206, cmt. 1. Defendant argues that the purchase order unambiguously indicated “CONFIRM TO: Olof Martensson.”
The Dow Chem. Co. v. Auria Solutions USA Inc (Mich. Ct. App. 2023). “In that regard, MCL 440.2206(1) provides: (1) Unless otherwise unambiguously indicated by the language or circumstances (a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances; (b) an order or…”
— Mich. Comp. Laws § 440.2206(1)(b) — 1 case
Maeder Bros Quality Wood Pellets Inc v. Hammond Drives & Equip. (Mich. Ct. App. 2015). “” MCL 440.2206(1)(b). “Where the buyer has accepted goods and given notification ([MCL 400.”
— Mich. Comp. Laws § 440.2206(l)(a) — 1 case
Barto v. United States, 823 F. Supp. 1369 (E.D. Mich. 1993). “UCC Section 2-206 provides: (1) Unless otherwise unambiguously indicated by the language or the circumstances (a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.