Planning for Victory: Using the “Battle of the Forms” to Your Advantage


Virtually every company engages in the battle of the forms. And so long as business goes as planned, it doesn’t matter who won the battle. But when a dispute arises, it matters a great deal, both to the company and its counsel. Millions of dollars can be at stake.

The battle of the forms provision is one of the UCC’s most complex and least understood, often producing surprising and counterintuitive outcomes that turn on whether “magic language” has been included in the parties’ forms. Consequently, even highly sophisticated entities fail to take full advantage of the provision when using their standard forms.

For more information, contact Doug Fleming.

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