Describing UCC Article 2-207 as a "defiant lurking demon" condemning its interpreters to "depths of despair," Division 2 nonetheless wrestled with the demon long enough to conclude that the terms listed in a stream of invoices from a merchant seller to a merchant buyer — a venue provision, disclaimers of liability, etc — were not enforceable. Must read for your next battle of the forms case.
Copy of opinion also available here Download file
Subscribe to this blog via RSS
Join the Discussion on Facebook
Follow on Twitter
Subscribe via email