Unrevised Section 2-207 -- Different Terms Revisited

67 No. 4 U.C.C. Bulletin 1 (May 2009)

Touro Law Center Legal Studies Research Paper Series

6 Pages Posted: 20 Dec 2013

See all articles by Sidney Kwestel

Sidney Kwestel

Touro University - Jacob D. Fuchsberg Law Center

Date Written: 2009

Abstract

Courts and commentators agree that unrevised U.C.C. § 2-207, the “battle of the forms” provision, suffers from a lack of clarity. However, that should not be a license to add to the murky waters, more particularly to adopt a rule -- the knockout rule -- that lacks support in the statutory scheme. The author contends that section 2-207 and general contract principles should preclude adoption of the knockout rule and further argues that Comment 6 does not support such a rule.

Keywords: UCC, Section 2-207, battle of forms, knockout rule, Uniform Commercial Code

Suggested Citation

Kwestel, Sidney, Unrevised Section 2-207 -- Different Terms Revisited (2009). 67 No. 4 U.C.C. Bulletin 1 (May 2009), Touro Law Center Legal Studies Research Paper Series, Available at SSRN: https://ssrn.com/abstract=2359625

Sidney Kwestel (Contact Author)

Touro University - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
34
Abstract Views
367
PlumX Metrics