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How agreements become binding, what counts as acceptance, and why silence usually doesn’t mean yes.

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From Contract Law: Why Silence Never Says Yes

When two businesses exchange order forms with conflicting standard terms, what is the problem traditionally called?

  1. The battle of the forms
  2. The conflict of signatures
  3. The mirror of the clauses
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Answer: The battle of the forms

Each side's form says its own terms prevail; legal systems use rules such as 'last shot' or 'knock-out' to decide which terms, if any, govern.

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