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Battle of the forms covers how contracts are formed when each side sends different standard terms in its forms and there is disagreement over which terms apply. It focuses on whether terms are incorporated by reference, by acceptance, or by conduct, and how last-shot scenarios or counter-offers affect enforceability. A solicitor here analyzes which terms become part of the contract, identifies risk in conflicting clauses, and explains to the client how these dynamics impact liability, performance, and remedies.
