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2008

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University of Nevada, Las Vegas -- William S. Boyd School of Law

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After The Battle Of The Forms, Francis J. Mootz Iii Jan 2008

After The Battle Of The Forms, Francis J. Mootz Iii

Scholarly Works

Commercial parties continue to fight the battle of the forms, but electronic contracting is quickly rendering this practice obsolete. In this article I assess the legal landscape for commercial parties after the battle of the forms. In Section I, I briefly describe the (relatively) settled law under U.C.C. ยง 2-207. I then describe how these rules permit commercial parties to erect a force-field to protect themselves from being subjected to unwanted terms, and the developments in web-based contracting and recent case law applying contract formation principles to electronic contracting. Finally, I discuss how the growth of electronic contracting will ...