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.

You see clauses that set caps limiting liability for poor performance everywhere. They are usually hidden away in the small print at the end of a contract. Here is a short quiz about a clause in a Master Supply Contract where IT services were called off on Statements of Work.