Battle of the Forms
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You have learned the importance of having good contract and credit terms with every customer. In today’s world, electronic and facsimile mail is sent back and forth between you and your customer, discussing a sale of goods. What if nothing is ever signed? When do you have an enforceable contract? Will the terms in your quote or the terms in the customer’s purchase order control, when they are in conflict? How do you win the “Battle of the Forms” in a Uniform Commercial Code sale of goods? This presentation will answer these questions to help you navigate the “Battle of the Forms”. After successful completion of this learning module, the student will understand the different contract forms, the Mirror Image Rule, Acceptance, Confirmation, the Forum Selection Clause, Notice and Opportunity to Cure, Exclusion of Express and Implied Warranties and Limitation of Liability.
James Fullerton is a graduate of the University of Colorado and the University of Virginia School of Law. He is an attorney licensed in Virginia, Maryland, and the District of Columbia and is the President of the law firm of Fullerton & Knowles, P.C. The firm represents owners, design professionals, suppliers, subcontractors, general contractors and other members of the real estate and construction industries, filing mechanic’s liens, surety bond and other construction claims across all of the states in the Mid Atlantic region. He also represents creditors in bankruptcy issues nationwide, particularly defense of bankruptcy preference claims; advises on all real estate and construction law issues, including contract formation and disputes, defects in labor and materials, impact and delay claims, as well as doing litigation, arbitration and mediation in public and private projects.
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