Battle of Forms
Julia Rauchberger
Broschiertes Buch

Battle of Forms

under American and English Law and according to the Principles of European Contract Law

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Battle of forms situations are inevitable. Modern business with mass production and mass distribution could not work properly without the use of preprinted standard forms: they help accelerating the bargaining process. Order forms, quotations, delivery notes etc. are being used and in the end one might have problems determining the contract s actual terms. As the preprinted terms are usually favorable only to the party using them, the forms terms mostly differ from one another. Whose terms prevail: those of the offer, those of the counter-offer or those of the acceptance? Battle of forms is a ...