batalha dos formulários



battle of the forms


Comparative law notes


This expression is typical of common law systems and, therefore, it is often followed by the English expression "battle of the forms". In Brazil, one could explain it by saying "conflito entre disposições contratuais" (conflict among contract terms).

Definitions of battle of the forms


where each party tries to argue that its own terms and conditions have been incorporated into the contract. This can happen when multiple documents, often containing boilerplate terms (= a party's standard terms) were exchanged during the negotiation stage.

This is not effective where the buyer fires the last shot in the battle of the forms.