Battle of the forms ( formation)

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Last updated 1:23 AM on 9/11/26
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4 Terms

1
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Battle of forms what is it

where two parties try to have the terms of a contract on there terms the courts will try to find out what the terms it is on by looking at the ordinary usage of it

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Exceptions to battle of the forms

  • where there has been a hisotry of dealing and it has always been on A’s tersm will abide by that Butler Machine Co and TekData

  • unless there has been a clear


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What are the possible outcomes from a battle of the forms

tekdata:

  1. The contract is on A term

  2. the contract is on B term

  3. the contract is on neither term

  4. the contract is a combination of them

  5. there is no contract


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Main case for battle of the forms

Tekdata