I'll give you something to arbritrate

Grr...

Just outlined Contracts Essay #3 from the In-class workbook. It was a UCC question in which the acceptance included an aribtration clause that was not mentioned in the offer. So... under the UCC, a new term will become a part of the contract unless the offer limited acceptance, there was no objection, or it is a material obligation that affects the risks of the contract parties. Ok, we're good so far. But... Sakai's outline says that an arbitration clause "may not have materailly altered the contract." Am I going crazy or has every Barbri sample answer and every MBE on this topic said that an arbitration clause does materially alter the K and will therefore not be included? I know this is picky, because on test day I could just argue both sides or whatever. But the inconsistencies are annoying.

Also, this morning's confidence is shot after a pitiful set of 16 Contracts released MBEs- I only got 8 right. 50%! Yikes. So I decided to set the MBEs aside for a bit and do my essays first. Except for the above complaint, they're going alright. But just in general, the afternoon is a rough time for me. I just want to take a nap. But I cannot do that because 2pm is performance test time on the 24th and 26th and I will train my body to be up for it.