Welcome back to the Law School Toolbox podcast! In today’s episode, as part of our “Listen and Learn” series, we’re discussing Section 2-207 of the Uniform Commercial Code. Join us for a review on why this section is called “The Battle of the Forms” and how it applies between merchants and non-merchants.
In this episode we discuss:
- What’s the first thing a professor typically wants to see on a Contracts essay?
- The “predominant purpose” test for a transaction
- The “mirror image” rule from common law
- Understanding the rules of UCC § 2-207
- Going through two hypos involving contracts
- How are additional and different contract terms treated by the courts?
- The importance of using each fact you’re given and walking through the steps of the analysis
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Resources:
- Tutoring for Law School Success
- Examples & Explanations for Contracts, by Brian Blum
- Contract Drafting Advice: The “Battle of the Forms” Demystified
- Podcast Episode 215: Listen and Learn – The Commerce Clause
- Podcast Episode 218: Listen and Learn – Supplemental Jurisdiction (Civ Pro)
- Podcast Episode 244: Listen and Learn – Negligence Per Se
- Podcast Episode 245: Listen and Learn – Promissory Estoppel
- Podcast Episode 248: Listen and Learn – Introduction to Homicide
- Podcast Episode 257: Listen and Learn – The “Reasonable Person” Standard
- Podcast Episode 259: Listen and Learn – Relevance in Evidence
- Podcast Episode 261: Listen and Learn – The Basics of Hearsay
- Podcast Episode 263: Listen and Learn – Subject Matter Jurisdiction
- Podcast Episode 265: Listen and Learn – Constructive Eviction
- First-Hand Guide to 1L Courses – Contracts
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