Battle of Forms: Harmonisation in the European Context?

This article focuses on the practical problem of the battle of forms. Standard form contractual terms are part of everyday business life. In the majority of circumstances, a business expects the consumer simply to accept its standard form. This form then becomes the binding contract. However, the situation is more complicated when both parties adopt the same stance, with each side attempting to gainsay the other by replying to a standard set of terms and conditions with a set of its own. Thisproblem has been subjected to varying legal analyses across the European jurisdictions with very different results. This article critically examines and contrasts the solutions favoured by representatives of three major legal traditions in French, Dutch and English law. Through this it hopes to shed light on the essential question of the possibilities of harmonisation in this area of contract law.