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we will now address one of the thorny issues in contract law that we will consider this year the so-called Battle of the forms weve previously learned that to create a contract and offer ease acceptance must be the mirror image of the offer if the offeree and attempting to accept changes any non-trivial term of the offer he is not accepted instead he has made a counteroffer given these basic rules of contract formation problems arise when parties use pre-printed forms to contract forms containing their own terms and conditions often refer to as boilerplate the use of such forms is common among large commercial parties not surprisingly the standard terms that appear in pre-printed forms tend to favor the party sending the form in general commercial parties are interested in the major terms of a contract description price and quantity given how common the use of pre-printed forms has become in todays commercial world parties tend not to haggle over the standard terms and conditions in