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What happens to the original offer once the offeree makes a counter-offer, and when could the original terms become available again?
How does a request for information differ from a counter-offer in its effect on the original offer?
When a court reads an email chain, what words or conduct would show that the parties were negotiating rather than making and rejecting offers?
In a battle of the forms, where a supplier and a customer each send their own standard terms, how does the law work out which set of terms governs the resulting contract?
In a battle of the forms, one party sends a purchase order on its own terms, the other replies with an acknowledgement on different terms, and the goods are then delivered. How do you analyse whose terms were accepted, and what does the 'last shot' analysis say?
In a battle of the forms over a supply contract, why does it matter commercially whose standard terms govern, and which kinds of clauses — such as price, liability, and remedies — are most affected?
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