Standard terms of business: Counter-offers and ‘battle of the forms’

Drukker Solicitors 004

The use of standard terms in business to business contracts has become increasingly commonplace. They offer certainty as to a party’s rights, obligations and potential liability under a commercial contract. However, where both parties to a commercial transaction try to contract by reference to their standard terms of business, a situation can arise which is commonly known as a ‘battle of the forms’.