A Comparative Study of the Battle of the Forms and Its Effects in Contract Formation

Ebrahim Shoarian, Roya Shirin Beigpour 
Comparative Law review, Tehran University, Volume 5, Issue2, Summer and Autumn 2014, Pages 431-460.


DOI: 10.22059/JCL.2014.52950

Nowadays in commercial contracts, parties communicate with together using standard forms. Both the party's standards forms usually contain a description of the subject-matter, the price, the quantity and the delivery terms. Such a situation is called the Battle of Forms. In such a case some questions are raised. Does the exchange of the conflicting forms create a contract? If so, what are the contract terms Does performance form the contract? If so, what are the contract terms? Some legal systems and international instruments contain solutions for the battle of forms, but in the absence of specific provisions the problem is usually resolved by the general principles on formation of contracts. In this article we examine some important legal systems point of view and then we express the position of international instruments including CISG, UPICC, PECL and DCFR in this regard.


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