battle of the forms

battle of the forms

in the law of contract, a case where the parties on their business forms include terms saying that the contract must be governed by their own, and not the other party's, terms and conditions. The courts usually resolve these matters by accepting that there is a contract and deciding which terms apply by seeing who, in the exchange of offers and acceptances, fired the last shot.
References in periodicals archive ?
In the absence of a signed and complete agreement, it is not clear that the Battle of the Forms ever ends.
See sub-subsection in this article End of the Battle of the Forms and Modification of Contracts; ].
This is sometimes referred to as the battle of the forms.
By taking these measures into consideration, you'll increase the chances of winning a battle of the forms.
This Note illustrates the existing confusion by looking at a common contract hypothetical, the battle of the forms.
This Note will identify the battle of the forms problem, describe domestic solutions to this problem in the United States and Canada, describe the solution to this problem forwarded by the CISG, and analyze the challenges of harmonizing the CISG and domestic laws.
And while one could argue that every contract is incomplete at some level, what distinguishes the battle of the forms case is that these contracts are most often incomplete at very fundamental levels.
Comments on Daniel Keating's `Exploring the Battle of the Forms in Action'
As a result, his study does not address the issues that are most central to the normative literature on the battle of the forms.
Professor Keating's work on the battle of the forms provides an excellent vehicle for exploring these issues.
Thus, I would take his findings -- that commercial actors have adjusted fairly well to the use of standard form contracts, that the battle of the forms is relatively uncommon in practice, and that significant statutory reform is not in order -- with skepticism, at least until they have been confirmed by a more traditional empirical study that makes greater use of tabulated quantitative data and that takes greater precautions to screen out interpretative bias.

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