What constitutes an accommodation in contract law?

In contract law, an accommodation refers to a situation where a seller responds to an order but modifies the terms of that order, usually by making a counteroffer. When the seller sends goods that do not conform exactly to what was ordered—perhaps they are different in kind or quantity—the seller is essentially making a counteroffer instead of merely fulfilling the original contract. This act of sending non-conforming goods serves as an acknowledgement of the original offer but also contains a proposal that the buyer accept the substituted goods, thus constituting an accommodation.

This is particularly relevant under the Uniform Commercial Code (UCC), which governs commercial transactions. The UCC recognizes that when a seller makes a shipment deviating from the terms of the buyer’s order, it can be viewed as an invitation for the buyer to accept a different arrangement rather than a definitive acceptance of the original conditions.

In contrast, the other options do not capture the essence of what constitutes an accommodation in contract law. For instance, a binding acceptance indicates the acceptance of an offer without modifications, and a complete rejection would determine that there is no acceptance or counteroffer being made. A firm offer with consideration typically refers to a promise to keep an offer open for a specific period, but does not pertain to responding