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European Contract LawScots and South African Perspectives$
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Hector MacQueen and Reinhard Zimmermann

Print publication date: 2006

Print ISBN-13: 9780748624256

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748624256.001.0001

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The Battle of Forms

The Battle of Forms

Chapter:
(p.98) 4 The Battle of Forms
Source:
European Contract Law
Author(s):

A D M Forte

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748624256.003.0004

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

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