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 The FREE flashcards for this lesson can be found at: https://docs.google.com/presentation/d/1UFGRGAxBBXS56vOsWsc5h689SVfP2CzPyjVXtzxRx18/edit?usp=sharing Thanks for your support! If you haven't already, please like and subscribe.