battle of the forms

battle of the forms. The conflict between the terms of standard forms exchanged between a buyer and a seller during contract negotiations. • In its original version, UCC § 2-207 attempted to resolve battles of the forms by abandoning the common-law requirement of mirror-image acceptance and providing that a definite expression of acceptance may create a contract for the sale of goods even though it contains different or additional terms.

— Also termed UCC battle of the forms. See MIRROR-IMAGE RULE. [Cases: Sales 22(4), 23(4). C.J.S. Sales §§ 38–40, 223.]

“The rules of offer and acceptance are difficult to apply in certain circumstances known as the ‘battle of the forms’ where parties want to enter into a contract, but jockey for position in an attempt to use the rules of law so as to ensure that the contract is on terms of their choosing.” P.S. Atiyah, An Introduction to the Law of Contract 54 (3d ed. 1981).

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