• Ceasefire on the English Front of the Battle of the Forms: How?

Lambert Academic Publishing
Publication date:

(Zeeshan Mansoor graduated with an LLB (Hons) from the University of London in 2006. After gaining experience as a corporate lawyer, he studied international commercial law at the University of Aberdeen, graduating with an LLM in 2009. He is currently pursuing a PhD and working as a research fellow at the University of Groningen.)


Standard form contracts inject efficiency into the modern commercial world. Without them it would be cumbersome for businesses involved in a large number of transactions to negotiate separate terms for each individual transaction. They promote efficiency and the depth of experience behind them ensures a reliable result. Nonetheless, their use can lead to certain problems, one of which is the “Battle of the Forms”. Though generally considered to be an academic problem, it continues to crop up in practice and the methods employed to resolve it are often inadequate. This work explores the problem and proposes solutions for resolving the battle of the forms under English law through a comparative analysis of national and model international laws.

MATERIAS: English Common Law, contract law, Battle of the
Forms, French law., Germanic Law, American Administrative Law, CISG, PECL, Piccoli, Standard form contracts