Commentary

155.4 Exploiting the ‘battle of the forms’

BUSINESSES vol 4(2) start-up, sale and purchase
| Commentary

155.4 Exploiting the ‘battle of the forms’

| Commentary

155.4 Exploiting the ‘battle of the forms’

The vagaries involved in the ‘battle of the forms’ may seem unsatisfactory for the business client in that they provide no commercial certainty to either party. On the other hand, where the client is a smaller business which is unable to ‘negotiate’ any amendment to the standard terms of a more powerful party, the uncertainties in this common law approach may be viewed as a positive benefit as they can be used to the client’s advantage.

From the discussion in the previous paragraphs it is obvious that the winner of the battle of the

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