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U.C.C. § 2-207: Part 3 – Written Confirmations: Discussions in Contracts

February 23rd, 2018 · No Comments · Contracts, Lawdibles Audio

The topic of this podcast by Professor Scott J. Burnham is written confirmations under § 2-207 of the U.C.C., a section often referred to as the Battle of the Forms. This is the third in a series of podcasts about § 2-207 of the Uniform Commercial Code. The first podcast covered Formation of the Contract. The second covered Finding the Terms of the Contract. You might want to listen to those podcasts before undertaking this one. At the conclusion of this podcast you should be able to (1) analyze the situation when both parties send a confirmation after the parties have formed a contract and the confirmations contain additional or different terms; (2) explain the theory of the “rolling contract” under which the terms become part of the contract when only one party send a contract; and (3) explain and contrast this approach with the approach that applies § 2-207 to this situation, and explain what happens to the additional terms in the confirmation.

A transcript of this podcast is here.

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