M Civ JI 142.15 Counteroffer

If a response changes, adds to or qualifies one or more of the material terms of the offer, it is not an acceptance but rather a counteroffer. A counteroffer is a new offer by the party making that proposal. The new offer must in turn be agreed to by the party who made the original offer for there to be an acceptance. A counteroffer may be accepted or rejected like any other offer. A material term is one that goes to the essence of the agreement.

Comment

Harper Building Co v Kaplan, 332 Mich 651 (1952).

History

M Civ JI 142.15 was added March 2005.