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.
What a solicitor handles in these matters
This work centres on the intricate interaction of offer, acceptance and terms in standard-form documents. The solicitor drafts and negotiates revised terms, interprets incorporation clauses, and resolves conflicts between competing term sets. They assess potential breaches arising from mismatched terms, advise on which terms bind the contract, and manage risk around price, liability, limitation of liability, and dispute resolution. They also prepare or respond to related disclosures and notices.