Rules, Rules, Rules . . . Contract Law Is Awash in Rules (That Too Many Attorneys Don't Know)


I was asked by a company to revise its standard boilerplate legal terms found on the back of its purchase order form so that its terms would prevail in a battle of the forms contest—where contracts are formed by parties exchanging documents without signing off on the same piece of paper. Proper drafting can enhance the chances that the terms will be construed as the contract in such a battle.