2.2.4 ‘Battle of the forms’
The phrase ‘battle of the forms’ refers to the situation where both parties are trying to incorporate their own standard terms into the contract. The usual approach of the courts is to analyse this in terms of offers and counter-offers, although various other solutions are possible.
Activity 3 Is the clause incorporated?
Read the scenarios below. In each case, decide whether or not the exclusion clause has been incorporated and explain your reasoning before revealing the comment.