Abattleoftheformsariseswhentwobusinessesarenegotiatingthetermsofacontractandeachpartywantstocontractonthebasisofitsownterms.TheparadigmbattleoftheformsoccurswhenAofferstobuygoodsfromBonits(A's)standardtermsandBpurportstoaccepttheofferonthebasisofitsownstandardterms. 合同之战在司法实践中的典型表现形式为:缔约当...
司法实践中对“格式之战”情形的探索由来已久,美国于1912年3月1日颁布《美国统一商法典》(Uniform Commercial Code,UCC),其中的第2-207条就对镜像规则提出了挑战(attempts to resolve battle of the forms by abandoning the common law requirement of mirror-image acceptance),规定对承诺或确认中的补充条款生效的...
This paper does not delve into the ethical considerations of legal strategy or attempt to delineate the line between the acceptable and the offensive strategy. This paper simply advances a strategic analysis of recent Canadian battle of the forms case-law, as a discrete area of law, in order ...
Since the successful integration of the Central and Eastern European states into the European Union in the early to late 90's, the EU wanted to try to replicate the same success in the poorer South Eastern (Balkans) states. However the long standing ethnic disputes, wide-spread corruption, ...
SECTION 2-207OF THE UNIFORM COMMERCIAL CODE (UCC) was supposed to resolve these questions: (1) Is a contract formed when parties exchange forms that contain nonmatching terms and the parties don’t sign off on a single document? (2) If so, what are the term...
One of the most urgent and challenging tasks the sponsoring organizations undertook in amending the Sales Article of the Code was to revise UCC section 2-207, the "battle of the forms" section that will live in infamy. In revising the original statute (hereinafter referred to as UCC-O ...
“Law enforcement arrested and charged a suspect on Monday in connection with the murder of UnitedHealthcare CEO Brian Thompson, which occurred in New York City on Wednesday outside a Manhattan hotel. Luigi Mangione, 26, of Towson, Md., was stopped by auth0rities in Altoona, Pa., on Mond...
Short of a universal law like that, we think the next best thing is letting artists decide the terms for their tour." "We think giving [artists] more control over how their tickets could be resold could help solve the overall problem," Henrich said. The Coalition for Ticket Fairness, ...
When Elisha Bonnis woke up on a Monday morning in mid-November last year, she thought it was the beginning of the end. Not in the usual sense that implies impending disaster, she had already faced almost every kind of nightmare she could imagine. No, that morning Bonnis ...
Sign up for MOVE on the Court HERE. CME Group is hiring for its U.S. intern program, which is one of the industry’s best. Apply HERE. SGX reported on LinkedIn that “Indonesia’s recent presidential election has sparked a surge in demand for exposure to the country. This i...