Battle of the Forms | Contract Law | Elements of Formation

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  • čas přidán 6. 08. 2024
  • This lesson addresses the so-called "battle of the forms" - when the parties use preprinted (or standardized) forms in an attempt to make a deal. An issue arises when the parties' forms do not agree. One party sends an order form to purchase services or goods and the other party responds with an order confirmation form that includes additional or different terms to those reflected in the initial order form.
    Two questions generally arise in this situation:
    (1) Have the parties created a contract?; and
    (2) If so, what are the terms of that contract?
    The legal issues here can get a bit thorny but they are not nearly as complicated as they may seem. I hope you find this lesson helpful as you sort through them.
    Chapters
    00:00 - Intro/Welcome
    00:40 - (1) Two Kinds of Acceptance: Perfect and Imperfect
    00:59 - Perfect Acceptances
    03:44 - Imperfect Acceptances
    04:41 - (A) Common law treatment
    06:25 - (B) UCC § 2-207 treatment
    19:11 - Flowchart recap of UCC § 2-207 treatment of imperfect acceptances
    23:12 - (2) Parties Act Like They Have a Contract
    23:27 - Explanation of the issue
    25:27 - (A) Common law solution: Last Shot Rule
    28:29 - (B) UCC § 2-207 solution: Subsection (3)
    32:30 - Wrap Up/Outro
    The FREE flashcards for this lesson can be found at: docs.google.com/presentation/...
    Thanks for your support! If you haven't already, please like and subscribe.

Komentáře • 4

  • @grkr7618
    @grkr7618 Před 9 měsíci

    Thank you for clearing this up! My textbook had my eyes spinning - I'm so glad I found your channel.

  • @albertdembele5224
    @albertdembele5224 Před rokem

    Thank you very much for these relevant lessons. Despite my not perfect English and as a Civil Law student, Iam able to understand your explanations. May Jah bless you 🙏🏾

  • @samanthabradley3532
    @samanthabradley3532 Před 11 měsíci

    So helpful

  • @DoreenDeRocker
    @DoreenDeRocker Před 4 měsíci

    Thank you for helping me out. So helpful and simple to understand 🫶✊