Video

  • 20 minutes

Fighting the Battle of the Forms to a Draw and Real World Contracting Issues

 
What happens when the battle of the forms is fought to a draw? Generally the buyer is favored because of merchantability, fitness for purpose and no contractual limitations of liability. However some elements favor sellers with deliveries at the seller’s place of business, as they get COD payment terms, but on balance it’s usually pro-buyer. Is this acceptable? If not, discipline and management will be required to reach the actual agreement.

In this 19-minute video our speaker, Darrell W. Pierce, reviews real world issues such as principals agreeing to deal, leaving terms to be negotiated; parties exchanging all kinds of materials, including marketing pieces, technical specifications, and various contract forms; no signed agreement, but performance (delivery or payment) occurs – there is incredible pressure to deal, even when the agreement is not done. The court’s job is to find the offer, determine if acceptance proposed different terms, incorporate immaterial changes, knock out material differences and fill gaps with UCC terms.

Darrell W. Pierce is a member of Dykema Gossett PLLC in Ann Arbor, Michigan. He focuses on corporate and commercial transactions, particularly those governed by the Uniform Commercial Code. Mr. Pierce has more than 30 years of experience in the practice of corporate and commercial law.
Runtime: 19 minutes

Agenda

Faculty

Darrell W. Pierce

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 [email protected]

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today

Access to all training products $699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.