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General terms - a good servant but bad master

Publication at Faculty of Law |
2022

Abstract

The contribution deals with competing terms, the issue of their incorporation into the contract, as well as the specific problem of the terms (the so-called battle of the forms) and possible solution of this collision. This contribution does not aim to analyze all possible approaches to the resulting collision, but only those most often applied in practice, which include the so-called first shot rule, last shot rule and knock out rule.