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E.Battle of forms
In the advanced world of contracting in which parties often transact on the basis…
The ”last shot” doctrine is usually the answer. The doctrine suggests that where…
The above being said, the “last shot” doctrine merely describes the application of…
“…it is not possible to lay down a general rule that will apply in all cases where there is a battle of the forms. It always depends on an assessment of what the parties must objectively be taken to have intended. But where the facts are no more complicated than that A makes an offer on its conditions and B accepts that offer on its conditions and, without more, performance follows, it seems to me that the correct analysis is [] the “traditional offer and acceptance analysis”, ie that there is a contract on B’s conditions.”…
Similar facts were at play in another court of appeal case: Butler Machine Tool Company v Excell-O Corporation
“In some cases the battle is won by the man who fires the last shot. He is the man who puts forward the latest terms and conditions: and, if they are not objected to by the other party, he may be taken to have agreed to them… In some cases the battle is won by the man who gets the blow in first. If he offers to sell at a named price on the terms and conditions stated on the back: and the buyer orders the goods purporting to accept the offer — on an order form with his own different terms and conditions on the back — then if the difference is so material that it would affect the price, the buyer ought not to be allowed to take advantage of the difference unless he draws it specifically to the attention of the seller. There are yet other cases where the battle depends on the shots fired on both sides. There is a concluded contract but the forms vary. The terms and conditions of both parties are to be construed together.”…
D.Counteroffer
F.Withdrawal and revocation of offer
EN
TR
