When merchants negotiate sales contracts, they often exchange preprinted forms. These "boilerplate" forms usually contain terms that favor the drafter. Thus, an offeror who sends a standard form contract as an offer to the offeree may receive an acceptance drafted on the offeree's own form contract. This scenario raises important questions about whether there is a contract and, if so, what its terms are.

Question

Asa Gordon

Business

18 June, 20:22

When merchants negotiate sales contracts, they often exchange preprinted forms. These "boilerplate" forms usually contain terms that favor the drafter. Thus, an offeror who sends a standard form contract as an offer to the offeree may receive an acceptance drafted on the offeree's own form contract. This scenario raises important questions about whether there is a contract and, if so, what its terms are.

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Chandler Ross · Answer 1

Battle of the Forms

Explanation:

Two individuals intending to contract, but offering different form contracts, making it difficult to conclude as to the terms of the contract, or to determine whether a contract existed.

In situations in which separate contracts are generally exchanged on offer and acceptance, the court leaves the court to resolve a battle of the contract in the event of a dispute.