Lively v. IJAM, Inc.
Oklahoma Court of Civil Appeals
114 P.3d 487 (2005)
V.J. Lively (plaintiff), a computer technician, ordered and paid by phone for a computer from IJAM, Inc.'s (defendant) website for a customer, and the computer was shipped later with an invoice inside containing a forum-selection clause designating Georgia as the venue for disputes. When the computer malfunctioned and Lively sent it back for repair, IJAM never returned it; Lively sued in small-claims court in his home state of Oklahoma for the computer's return or value, and IJAM moved to dismiss based on the invoice's forum-selection clause. The trial court ruled for Lively and awarded the computer's value, and IJAM appealed.
Whether additional terms proposed after a contract is already formed must be expressly accepted under UCC § 2-207(2) unless the parties are merchants.