ABSTRACT
The reverse ratio between academic writing and jurisprudence emerges when one looks at cases where commercial law and conflicts of law—two areas of law to which Francis Reynolds has devoted much of his work—join up for a “battle of the forms” on questions of conflict of laws. If legal systems throughout this world could agree on one standard solution for the “battle of the forms”, which applied equally to substantive law, choice of applicable law, and choice of jurisdiction, there would be no problem. There are four main approaches to the content of a contract in event of a “battle of the forms”. These include there is no agreement and thus no contract, there is a contract on the terms of the party which was first to propose its standard terms, there is a contract on the terms of the party which was last to insist on its standard terms, and there is a contract on the individually negotiated terms.
