Battle of the Forms | Contract Law | Elements of Formation

This lesson addresses the so-called "battle of the forms" — when the parties use preprinted (or standardized) forms in an attempt to make a deal. An issue arises when the parties' forms do not agree. One party sends an order form to purchase services or goods and the other party responds with an order confirmation form that includes additional or different terms to those reflected in the initial order form.

Two questions generally arise in this situation:
(1) Have the parties created a contract?; and
(2) If so, what are the terms of that contract?

The legal issues here can get a bit thorny but they are not nearly as complicated as they may seem. I hope you find this lesson helpful as you sort through them.

Chapters
00:00 - Intro/Welcome
00:40 - (1) Two Kinds of Acceptance: Perfect and Imperfect
00:59 - Perfect Acceptances
03:44 - Imperfect Acceptances
04:41 - (A) Common law treatment
06:25 - (B) UCC § 2-207 treatment
19:11 - Flowchart recap of UCC § 2-207 treatment of imperfect acceptances
23:12 - (2) Parties Act Like They Have a Contract
23:27 - Explanation of the issue
25:27 - (A) Common law solution: Last Shot Rule
28:29 - (B) UCC § 2-207 solution: Subsection (3)
32:30 - Wrap Up/Outro

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[grkr]

Thank you for clearing this up! My textbook had my eyes spinning - I'm so glad I found your channel.

[albertdembele]

Thank you very much for these relevant lessons. Despite my not perfect English and as a Civil Law student, Iam able to understand your explanations. May Jah bless you 🙏🏾

[DoreenDeRocker]

Thank you for helping me out. So helpful and simple to understand 🫶✊