| Commentary

155.2 The ‘battle of the forms’

| Commentary

155.2 The ‘battle of the forms’

The most effective way of ensuring that the terms which a client business wants are incorporated into a particular contract is to include them in a properly drafted written contract and to obtain the signatures of all the parties to this document. However, this is not commercially practicable in a situation where the business is going to be entering into a large number of contracts with a range of different parties. In addition, this method presupposes that the client business has enough bargaining power to insist in the inclusion of the relevant clauses, and

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