Chapter

The Battle of Forms

A D M Forte

in European Contract Law

Published by Edinburgh University Press

Published in print February 2006 | ISBN: 9780748624256
Published online March 2012 | e-ISBN: 9780748651429 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748624256.003.0004
The Battle of Forms

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This chapter discusses the issue of battle of forms in contract law. It explains that a battle of forms arises where each of the parties to what they at least perceive as a contract have employed their own standard terms of trading or business. The chapter investigates whether the nature of battle is based on consensus or content and explores orthodox formation theory. It describes the process of fighting the battle of forms under the contract law of Scotland and compares potential model solutions to the battle of forms including the Uniform Commercial Code and the Principles of European Contract Law (PECL).

Keywords: battle of forms; contract law; consensus; orthodox formation theory; Scotland; Uniform Commercial Code; PECL

Chapter.  11922 words. 

Subjects: Company and Commercial Law

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