Battle of Forms: under American and English Law and according to the Principles of European Contract Law - Softcover

Rauchberger, Julia

Softcover

ISBN 10: 3639237072 ISBN 13: 9783639237078

Publisher: VDM Verlag Dr. Müller, 2010

Synopsis

?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 rather complex but very interesting topic that cannot be ignored in everyday?s business life. This book aims to provide an easy to understand introduction to the topic through explaining the different solutions. It examines the English common law and how the American legislator departed from it by formulating one of the most controversial provisions of the Code: UCC §2-207. Finally, the book provides a short overview of PECL Article 2:209 to show what the expert scholars who drafted the Principles of European Contract Law considered as the best solution to the issue.

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Edition details

• Publisher: VDM Verlag Dr. Müller
• Publication date: 2010
• Language: English
• ISBN 10: 3639237072
• ISBN 13: 9783639237078
• Binding: Paperback
• Number of pages: 72