Mississippi Code
Miss. Code Ann. § 75-2-207 (2026)
Additional terms in acceptance or confirmation
✓ current as of July 2026
- (1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.
- (2) The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless:
- (a) the offer expressly limits acceptance to the terms of the offer;
- (b) they materially alter it; or
- (c) notification of objection to them has already been given or is given within a reasonable time after notice of them is received.
- (3) Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this code.
Codes, 1942, § 41A:2-207; Laws, 1966, ch. 316, § 2-207, eff. 3/31/1968.
Notes of Decisions
Cited in 5
cases, 1985–2000 · leading case: Mid-South Packers, Inc. v. Shoney's, Inc., 761 F.2d 1117 (5th Cir. 1985).
Mid-South Packers, Inc. v. Shoney's, Inc., 761 F.2d 1117 (5th Cir. 1985). “See Miss.Code Ann. § 75-2-207(2)(b)-(c). Our holding in no way limits that right for future offerees.”
Am. Cable v. Trilogy Commc'ns, 754 So. 2d 545 (Miss. Ct. App. 2000). “Miss.Code Ann. § 75-2-207(1972). The statute "applies to the situation in which an agreement has been previously reached either orally or by informal writings, and one or both parties send written confirmation of terms discussed, adding certain terms not discussed.”
Migerobe, Inc. v. Certina Usa, Inc., 924 F.2d 1330 (5th Cir. 1991). “See Miss.Code Ann. § 75-2-207 note at 239 (1972) (Scope) (citing Columbia Nitrogen Corp.”
H & W Indus., Inc., Cross-Appellant v. Occidental Chem. Corp., Cross-Appellee, 911 F.2d 1118 (5th Cir. 1990). “7 Appellant relies on Miss.Code Ann. § 75-2-207(3), which provides that the terms of a confirmed oral contract “consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provision of this code.”
United States v. Arundel Corp., 814 F.2d 193 (5th Cir. 1987). “1980) (discussing UCC 2-207, codified in Mississippi as Miss.Code Ann. § 75-2-207). This result also comports with Control’s apparent interpretation of the contract with Lar.”
— Miss. Code Ann. § 75-2-207(1972) — 1 case
Am. Cable v. Trilogy Commc'ns, 754 So. 2d 545 (Miss. Ct. App. 2000). “Miss.Code Ann. § 75-2-207(1972). The statute "applies to the situation in which an agreement has been previously reached either orally or by informal writings, and one or both parties send written confirmation of terms discussed, adding certain terms not discussed.”
— Miss. Code Ann. § 75-2-207(2) — 1 case
Am. Cable v. Trilogy Commc'ns, 754 So. 2d 545 (Miss. Ct. App. 2000). “Miss.Code Ann. § 75-2-207(1972). The statute "applies to the situation in which an agreement has been previously reached either orally or by informal writings, and one or both parties send written confirmation of terms discussed, adding certain terms not discussed.”
— Miss. Code Ann. § 75-2-207(2)(b) — 1 case
Mid-South Packers, Inc. v. Shoney's, Inc., 761 F.2d 1117 (5th Cir. 1985). “See Miss.Code Ann. § 75-2-207(2)(b)-(c). Our holding in no way limits that right for future offerees.”
— Miss. Code Ann. § 75-2-207(3) — 1 case
H & W Indus., Inc., Cross-Appellant v. Occidental Chem. Corp., Cross-Appellee, 911 F.2d 1118 (5th Cir. 1990). “7 Appellant relies on Miss.Code Ann. § 75-2-207(3), which provides that the terms of a confirmed oral contract “consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provision of this code.”
— Miss. Code Ann. § 75-2-207(l) — 1 case
Mid-South Packers, Inc. v. Shoney's, Inc., 761 F.2d 1117 (5th Cir. 1985). “See Miss.Code Ann. § 75-2-207(2)(b)-(c). Our holding in no way limits that right for future offerees.”
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