The expression “battle of the forms” refers to a dispute between two parties as to whose standard terms and conditions are incorporated into the contract between them. It typically occurs when party A offers to buy goods from party B on A’s standard terms and B says that it accepts the offer on the basis of its own standard terms.
In today’s commercial world, the point at which an informal exchange becomes a binding contract is increasingly easy to miss. What once required a carefully negotiated and signed document can now arise from a rapid sequence of emails, a WhatsApp exchange between meetings, or a brief exchange on a video call. For businesses, that creates opportunity, but also risk.
Over the past few years, Environmental, Social, and Governance (ESG) considerations have gained significant importance in the business sector. Despite the perception that ESG compliance might be an added challenge during contract discussions, it is, in fact, a fundamental element of contemporary legal practice.
