Butler Machine Tool v Ex-Cell-O Corporation (1979) focuses on "battle of the forms." The case clarifies how conflicting standard terms can impact acceptance of contractual agreements. The case remains a significant authority on determining which terms govern a contract when discrepancies arise.
Butler Machine Tool Co Ltd v Ex-Cell-O Corporation
"Last Shot" Rule: In a "battle of the forms," the last set of terms exchanged and unobjected to governs the contract. Here, the seller's acknowledgment of the buyer's terms, without objection, established the buyer's terms as binding.
