Unrevised Section 2-207 -- Different Terms Revisited
67 No. 4 U.C.C. Bulletin 1 (May 2009)
6 Pages Posted: 20 Dec 2013
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: 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
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