Viewing: UCC 2-207

New Battle of the Forms Chart

What better way to end my summer hiatus from blogging than to improve the blog’s most-read post? Back in March 2012 I hit “publish” on Battle of the Forms Explained (Using a Few Short Words). It’s a brief primer on section 2-207 of the Uniform Commercial Code–one of the more complicated areas of contract law–and […] Read More

Battle of the Forms Explained (Using a Few Short Words)

A tremendous amount of business is conducted via purchase orders without signed contracts. Overall, this is good for commerce because business doesn’t have to screech to a halt every time a company needs to buy something, to give the lawyers time to work out the legal terms. But if there’s no signed contract, how do […] Read More

Contract Hygiene: Five Healthy Contracting Habits (Part 2)

In this recent post I discussed some habits that businesses can adopt to increase their contract hygiene. These practices, which can improve a business’s health, are inexpensive and effective, yet often neglected. To recap, the first three habits are: Negotiate before you sign. Give important contracts special attention. Don’t sign the other side’s boilerplate terms […] Read More

Can You Win the Battle of the Forms?

I’ve long thought that the “battle of the forms” is easy to lose but impossible to win. That’s the perspective of a commercial attorney who approaches the issue from the front end—where the battlefield consists solely of varied hypothetical future situations. A litigator on one side or the other, of course, wins each battle that […] Read More

Contract Hygiene: Five Healthy Contracting Habits (Part 1)

“As few as 50% of restaurant workers wash their hands.” I was introduced to that disturbing stat during a presentation about some sort of high-tech handwashing tracking device that could monitor which employees were washing their hands. I’m not sure whether it was mounted to the sink or the soap dispenser or exactly how it […] Read More