What's on Practical Law?
Is a resolution of conflicts clause always conclusive in a "battle of the forms" scenario?
Practical Law Resource ID a-034-4675 (Approx. 3 pages)
Practical Law may have moderated questions and answers before publication. No answer to a question is legal advice and no lawyer-client relationship is created between the person asking the question and the person answering it. Where appropriate, you should consult your own lawyer for legal advice. Practical Law's employees are not practising solicitors or barristers. The Ask scope and rules apply.
Is a resolution of conflicts clause always conclusive in a "battle of the forms" scenario?
Anonymous (public sector)
Q:
I am drafting an IT contract which involves the provision of software. The service provider has provided their software licence terms which are intended to be incorporated into the contract as a schedule. There could be an element of overlap between the licence terms and the main agreement terms. Can this issue be resolved through a resolution of conflicts clause?
Get full access to this document with a free trial
Try free and see for yourself how Practical Law resources can improve productivity, efficiency and response times.
About Practical Law
This document is from Thomson Reuters Practical Law, the legal know-how that goes beyond primary law and traditional legal research to give lawyers a better starting point. We provide standard documents, checklists, legal updates, how-to guides, and more.
Learn more- Expert Guidance
650+ full-time experienced lawyer editors globally create and maintain timely, reliable and accurate resources across all major practice areas.
- Trust
83% of customers are highly satisfied with Practical Law and would recommend to a colleague.
- Improve Response Time
81% of customers agree that Practical Law saves them time.
End of Document
Also Found In
Resource ID a-034-4675© 2024 Thomson Reuters. All rights reserved.