Counter-offers and the battle of the forms

Topic preview

1. 01

   Clarification or counter-offer

   A buyer replies, ‘Can you do £9,500 instead of £10,000?’ Does that reply reject the offer, or is it only asking for information? Say what facts would push it one way or the other.

2. 02

   Original offer ends

   If a valid counter-offer is made, what happens to the original offer, and can the offeree still accept the original terms later?

3. 03

   Objective reading of emails

   When a court reads an email chain, what words or conduct would show that the parties were negotiating rather than making and rejecting offers?

4. 04

   Which terms govern

   In a supplier-customer dispute, each side sends its own standard terms. What is the first question you ask to work out which terms govern?

5. 05

   Last shot acceptance

   If one party sends a purchase order, the other sends an acknowledgement with its own terms, and goods are then delivered, how do you analyse whose terms were accepted?

6. 06

   Conflicting terms risk

   Why does it matter which standard terms win in a supply contract, and what kinds of clauses are most likely to change the outcome of a dispute?

7. 1 more building block

   The full topic unlocks with FLK1 Playbook, including the remaining prompts and answer-key marking.