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Battle of the Forms and Managing the Contracting Process

Are your contracting practices effective? Ensure your terms are communicated clearly to avoid costly litigation.

Effective contracting practices are critical to ensuring that contracts are made on acceptable terms. Ineffective practices can lead to a failure to achieve required terms or worse, a contract on terms that are contrary to one's objectives. Our fast-paced world increases the pressure as it is very easy for conflicting terms to be exchanged electronically without a complete meeting of the minds of the prospective parties. Learn how to control the contracting process to avoid unacceptable terms by avoiding or winning the battle of the forms.

Runtime: 88 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Applicable Law

  • UCC Article 2 - Sales of Goods
  • Other Applicable Law

Basic Advice

  • Fact-Specific Results
  • Objectives; Key Misconceptions

Contracting - Minimum Requirements

  • Statute of Frauds
  • Electronic Contracting
  • Consideration
    • Firm Offers
  • Quantity: Output and Requirements Contracts

Contract Formation

  • Offer and Acceptance
  • Contracts in Context
    • Course of Performance, Course of Dealing and Usage of Trade

The Battle of the Forms - UCC 2-207

  • UCC Favors the Existence of a Contract
  • Acceptance Can Occur Even If Different Terms Proposed
    • Conduct Creates Contract When Writings Do Not
  • Merchants: New Terms Are Proposals
    • Materiality of New Terms
  • The Knockout Rule
  • UCC Implied Terms
  • Implied Warranties
    • Merchantability
    • Title: No Infringement
    • Fitness for Particular Purpose
  • Disclaiming Implied Warranties

A Knockout Rule Example

Fighting the Battle of the Forms to a Draw

Real World Issues

  • Lack of Mirror Image Contract
  • Importance of Determining the Offer
  • Course of Dealing; Layered Contracting
  • Negotiations Break Down

Controlling the Process

  • Avoiding Traps; My Way or the Highway

Practical Considerations/Recommendations

  • Education and Communication
  • Maintain Discipline; Award Letters
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More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on November 20, 2019.

Call 1-866-352-9540 for further credit information.

  • ISM 1.25
     
  • Participants who successfully complete this program will receive 1.25 hours of continuing education. They may be applied toward ISM CPSM, CPSD or C.P.M. recertification. ISM's consent to approve hours for this educational event is not an endorsement of this program or its content by ISM.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Darrell W. Pierce

Darrell W. Pierce

Dykema Gossett PLLC

  • Member of Dykema Gossett PLLC in Ann Arbor, Michigan
  • Focuses on corporate and commercial transactions, particularly those governed by the Uniform Commercial Code
  • More than 30 years of experience in the practice of corporate and commercial law
  • Fellow of the American College of Commercial Finance Lawyers
  • Represents lenders and borrowers in commercial finance transactions
  • Served on the Article 9 Study Committee and the Article 9 Drafting Committee as the chair of the Article 9 Filing Project
  • Frequent lecturer on Uniform Commercial Code issues
  • J.D. degree, University of Michigan Law School; A.B. degree, Dartmouth College
  • Can be contacted at 734-214-7634 or [email protected]
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 406940
Published 2019
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