2207(1).

  Do communications create a contract?

 
1. Is there a definite and seasonable expression of acceptance?  If not,
go to the next communication.  If no additional communications, go to
2207(3)

2. If yes, is there a proviso clause?  If no, go to 2207(2)

3. If there is a proviso clause, determine whether the jurisdiction

follows Dorton or C. Itoh. 
a. If C Itoh, document is not an acceptance - go to next
communication or if no communications go to 2207(3). 
b. If Dorton, ask whether accepting party intended only to go
forward if additional or different terms are agreed to by the
offeror (did accepting party really intend to enforce proviso).  If
so, same as C itoh (next communication or 2207(3)).  If not, then
ignore proviso and proceed to 2207(2)
 
2207(2).  Terms of contract created under 2207(1).

1. Additional terms in acceptance:   

a. Is the contract between merchants? 
i. If no, additional terms are proposals that must be
accepted by the offeror.  If not accepted, not part of
contract
ii. If yes, additional terms are part of contract unless:  (1)
materially alter contract (arbitration, gets rid of
warranties, etc.), (2) are rejected within reasonable time
by offeror, or (3) offer was limited to terms.  In any of
those three cases additional terms are not part of
contract.

2. Different terms in acceptance.  3 different rules in different

jurisdictions
a. Majority Knockout Rule (JJ White): 
 b. Sommers Rule:  Offer controls because accepting party could
have made acceptance contingent with proviso
c. California Rule:  Treat same as additional terms per (1) above
 
2207(3).  Parties actions recognize a contract but communications
did not create a contract under 2207(1)

Terms are those in which the parties communications agreed, and gap
filler (super knockout)