What does the term 'Battle of the Forms' refer to?

The term 'Battle of the Forms' refers to the situation that arises when two parties, typically a buyer and a seller, exchange documents such as purchase orders and contracts that contain differing terms and conditions. This scenario often leads to confusion regarding which set of terms govern the contractual relationship between the two parties.

In commercial transactions, each party might send their own standard terms and conditions which can be contradictory or conflicting. The 'Battle of the Forms' highlights the legal complexities that ensue when interpreting which terms prevail, particularly if there is no clear agreement on the accepted terms. Courts may need to resolve the conflict by examining the parties' conduct, communications, and any acknowledgments regarding the accepted terms.

This understanding is crucial for businesses engaged in contracting, as they must navigate these conflicting terms to ensure they are protected under the agreed-upon conditions.