Oct 26, 2020
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
Resources:
- Tutoring for Law School Success (https://lawschooltoolbox.com/tutoring-for-law-school-success/)
- Examples & Explanations for Contracts, by Brian Blum (https://www.amazon.com/Examples-Explanations-Contracts-Brian-Blum/dp/1454868414)
- Contract Drafting Advice: The "Battle of the Forms" Demystified (https://www.lexisnexis.com/lexis-practice-advisor/the-journal/b/lpa/posts/contract-drafting-advice-the-battle-of-the-forms-demystified)
- Podcast Episode 215: Listen and Learn – The Commerce Clause (https://lawschooltoolbox.com/podcast-episode-215-listen-and-learn-the-commerce-clause/)
- Podcast Episode 218: Listen and Learn – Supplemental Jurisdiction (Civ Pro) (https://lawschooltoolbox.com/podcast-episode-218-listen-and-learn-supplemental-jurisdiction-civ-pro/)
- Podcast Episode 244: Listen and Learn – Negligence Per Se (https://lawschooltoolbox.com/podcast-episode-244-listen-and-learn-negligence-per-se/)
- Podcast Episode 245: Listen and Learn – Promissory Estoppel (https://lawschooltoolbox.com/podcast-episode-245-listen-and-learn-promissory-estoppel/)
- Podcast Episode 248: Listen and Learn – Introduction to Homicide (https://lawschooltoolbox.com/podcast-episode-248-listen-and-learn-introduction-to-homicide/)
- Podcast Episode 257: Listen and Learn – The “Reasonable Person” Standard (https://lawschooltoolbox.com/podcast-episode-257-listen-and-learn-the-reasonable-person-standard/)
- Podcast Episode 259: Listen and Learn – Relevance in Evidence (https://lawschooltoolbox.com/podcast-episode-259-listen-and-learn-relevance-in-evidence/)
- Podcast Episode 261: Listen and Learn – The Basics of Hearsay (https://lawschooltoolbox.com/podcast-episode-261-listen-and-learn-the-basics-of-hearsay/)
- Podcast Episode 263: Listen and Learn – Subject Matter Jurisdiction (https://lawschooltoolbox.com/podcast-episode-263-listen-and-learn-subject-matter-jurisdiction/)
- Podcast Episode 265: Listen and Learn – Constructive Eviction (https://lawschooltoolbox.com/podcast-episode-265-listen-and-learn-constructive-eviction/)
- First-Hand Guide to 1L Courses – Contracts (https://lawschooltoolbox.com/first-hand-guide-to-1l-courses-contracts/)
Download the Transcript
(https://lawschooltoolbox.com/episode-267-listen-and-learn-ucc-2-207-the-battle-of-the-forms/)
If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/law-school-toolbox-podcast/id1027603976) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Law School Toolbox website (http://lawschooltoolbox.com/contact). If you're concerned about the bar exam, check out our sister site, the Bar Exam Toolbox (http://barexamtoolbox.com/). You can also sign up for our weekly podcast newsletter (https://lawschooltoolbox.com/get-law-school-podcast-updates/) to make sure you never miss an episode!
Thanks for listening!
Alison & Lee