- battle of the forms
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A practice whereby two parties, generally a buyer and a seller, send conflicting terms to one another, each document acting as a counter offer to the last - usually won by the party that "sticks to its guns".
Easyform Glossary of Law Terms. — UK law terms.
- battle of the forms
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in the law of contract, cases where the parties on their business forms include terms saying that the contract must be governed by their own, and not the other party's, terms and conditions. The courts usually resolve these matters by accepting that there is an contract and deciding which terms apply by seeing who, in the exchange of offers and acceptances, fired the last shot: see Butler Machine Tool Co. v. Ex-Cell-O Corp. [1979] 1 All ER 965; Uniroyal Ltd v . Miller & Co. 1985 SLT 101.
Collins dictionary of law. W. J. Stewart. 2001.
- battle of the forms
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United KingdomA battle of the forms arises when two businesses are negotiating the terms of a contract and each party wants to contract on the basis of its own terms. The paradigm battle of the forms occurs when A offers to buy goods from B on its (A's) standard terms and B purports to accept the offer on the basis of its own standard terms. In this situation, the battle is often won by the party who fired the "last shot", that is, the last party to put forward terms and conditions that were not explicitly rejected by the recipient.
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
- battle of the forms
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n. The conflict between the incompatible terms in preprinted standardized forms exchanged by a buyer and seller while negotiating a contract.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
