UCC 2-207 Flowchart: Battle of the Forms

UCC 2-207 Flowchart: Battle of the Forms

Download a .pdf version of the UCC 2-207 flowchart When it is not exactly clear what parties agreed upon but it is clear that the parties intended to agree, a court must determine what terms apply. If various forms have been sent back and forth between the parties common law only gives us two options to apply to the forms: Offer and Acceptance or Counteroffer. The Uniform Commercial Code (UCC) gives us a third option: acceptance with additional terms. This option can be found in the UCC 2-207. The goal of 2-207 is to determine which terms apply from the contract negotiation; however, the language of the section can be very confusing and hard to follow. This UCC 2-207 flowchart should be helpful in navigating this section of the UCC. Download a .pdf version of the UCC 2-207 flowchart   For an example of the Battle of the Forms in action see Brown Machine, Inc. v. Hercules, Inc....

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General Intent vs. Specific Intent

General Intent vs. Specific Intent

The difference between general intent and specific intent: General intent – the defendant intended the conduct Specific intent – the defendant intended the conduct and the result For a specific intent crime, the mens rea will typically be written into the statute. Intentional and knowledge based crimes are considered specific intent crimes. Here is a (not exhaustive) list of specific intent crimes: Murder Attempt Conspiracy Solicitation (under modern statutes) Larceny False Imprisonment Note: A specific intent crime cannot merge. General intent crimes typically include crimes that are based on the defendant being reckless or negligence. Here is a (non exhaustive) list of general intent crimes: Manslaughter Negligent Homicide Solicitation (however, it is treated like a specific intent crime and modern statutes define it as a specific intent crime) Arson Rape...

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