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Simple English definitions for legal terms
battle of the forms
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A quick definition of battle of the forms:
Battle of the Forms: When two parties are negotiating a contract, they may use standard forms with different terms. This can cause a conflict, known as the "battle of the forms." The Uniform Commercial Code (UCC) attempted to resolve this conflict by allowing a contract to be created even if the acceptance contains different or additional terms. This can make it difficult to determine which terms will be included in the final contract.
A more thorough explanation:
Battle of the forms is a conflict that arises during contract negotiations between a buyer and a seller. It occurs when both parties exchange standard forms that contain different or additional terms. The conflict arises because each party wants the contract to be on terms of their choosing.
For example, a buyer may send a purchase order to a seller that includes their terms and conditions. The seller may then send an order confirmation that includes their own terms and conditions. If the terms and conditions of both parties conflict, a battle of the forms arises.
The Uniform Commercial Code (UCC) attempted to resolve battles of the forms by abandoning the common-law requirement of mirror-image acceptance. This means that a definite expression of acceptance may create a contract for the sale of goods even though it contains different or additional terms.
Overall, the battle of the forms can be a complex issue that requires careful consideration of the terms and conditions of both parties.