Don’t lose your battle with the forms. Understand common contracts, forms, and negotiations.
The parties have gone back and forth about purchasing and selling goods. Boilerplate terms and conditions have changed hands. Ancillary emails and voice mails have gone back and forth. The parties have been shipping goods and paying for them for months.
And then there’s a disagreement and everyone is unhappy. Whose terms govern? What’s your bargaining position? What could you have done during the contract formation process to avoid this? Worse yet, it now appears the supplier is in financial difficulty. What can you do to maintain production while looking for a new supplier? How do you protect your tooling?
The presenter, a long-time commercial contract lawyer, demystifies what the law says about the so-called ‘battle of the forms’ and give you solid strategies for winning that battle - or at least making sure that you do no worse than fight it to a draw. Receive options and techniques you can use when a supplier is in trouble.
Learning Objectives:
- You will be able to discuss requirements for enforceable contracts.
- You will be able to review what the ‘battle of the forms’ is and why you should care.
- You will be able to define strategies and tactics.
- You will be able to identify accommodation agreements: access, security and tooling.
Applicable Law: Article 2 of the Uniform Commercial Code and the United Nations Convention on International Sale of Goods
Requirements for Enforceable Contracts
What Is the "Battle of the Forms" and Why Should You Care?
Strategies and Tactics
• The Contract You Make: What to Do During the Initial Negotiations
• The Contract the Law Makes for You (Whether You Want It to or Not): How to Analyze Your Position If You Become a Warrior in a Battle of the Forms
Best Practices
Accommodation Agreements: Access, Security and Tooling
Credit Information (Sponsored by Lorman Education Services):
- CLE
- CPE
- ISM
- NASBA
For Detailed Credit Information page
click here
Only registered attendee will receive continuing education credit.
Faculty
Darrell W. Pierce, Dykema Gossett PLLC
- Member of Dykema Gossett PLLC in Ann Arbor, Michigan
- Focuses on corporate and commercial transactions, particularly those governed by the Uniform Commercial Code
- More than 30 years of experience in the practice of corporate and commercial law
- Fellow of the American College of Commercial Finance Lawyers
- Represents lenders and borrowers in commercial finance transactions
- Served on the Article 9 Study Committee and the Article 9 Drafting Committee as the chair of the Article 9 Filing Project
- Frequent lecturer on Uniform Commercial Code issues
- J.D. degree, University of Michigan Law School; A.B. degree, Dartmouth College
- Can be contacted at 734-214-7634 or dpierce@dykema.com
(Not available outside the US)