The Student Room Group
Competition - post a photo you've taken of nature >>
Competition - post a photo you've taken of nature >>
Competition - post a photo you've taken of nature >>

battle of the forms??

Hey guys,

Could anyone explain to me what is meant by the term “battle of the forms”? And also does anyone know what the traditional “mirror image” rule of contractual formation means and the advantages and disadvantages of it?

I also was told that Lord Denning had an appraoch called the two stage approach which he used to apply to this issue? Could anyone tell me, what his two stage approach actually was about?

Thanks
Just read the main cases - Butler Machine Tool v Ex-cell-o corporation, and Tekdata v Amphenol. Read Denning's judgment in Butler and then you will understand how his approach worked. Contrast it with the 'traditional' 'last-shot' doctrine which the other judges followed and which was approved in Tekdata. BRS v Arthur Crutchley might be worth reading as well. If really curious you could contrast it with how things work in other jurisdictions (under the uniform commercial code for instance), and proposals for reform (think there is something in DCFR for example).

Better to go straight to those primary sources, then post again if you still don't understand.
(edited 11 years ago)
Reply 2
Avatar for rurounikenji
rurounikenji
OP
13
Original post by Forum User
Just read the main cases - Butler Machine Tool v Ex-cell-o corporation, and Tekdata v Amphenol. Read Denning's judgment in Butler and then you will understand how his approach worked. Contrast it with the 'traditional' 'last-shot' doctrine which the other judges followed and which was approved in Tekdata. BRS v Arthur Crutchley might be worth reading as well. If really curious you could contrast it with how things work in other jurisdictions (under the uniform commercial code for instance), and proposals for reform (think there is something in DCFR for example).

Better to go straight to those primary sources, then post again if you still don't understand.


Hi,

Thanks for the reply. I have found some useful info on these cases on line. I was just wondering if you knew what were the advantages and disadvantages of the mirror image rule of contractual formation?

Thanks

Quick Reply

Related discussions

Latest

Trending

Trending

Articles for you