ABSTRACT
… The analytical payoff comes in Part IV. The goal of this Part is no less than to provide a comprehensive, indeed definitive, solution to the enduring controversy over the battle of the forms under the CISG. To be sure, the CISG’s express offer-acceptance provisions set the basic structure. But as I explain, two ‘formation values’ provide the principles that unify the system. The first is that the parties’ actual agreement takes priority even over the express provisions of the Convention (‘party autonomy’). The second is a directive that, as a primary goal, a court seek out and give effect to the parties’ actual intent. Together, these formation values provide the flexible norms that permit courts to apply traditional modes of legal analysis across the full, diverse array of battle of the forms cases …
Michael P Van Alstine, The Unified Field Solution to the Battle of the Forms Under the UN Sales Convention, 62 William and Mary Law Review 213 (2020).
First posted 2020-12-04 20:24:29
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