H Ltd manufactures parts used in electric vehicles. It has recently entered negotiations with a new car manufacturer to supply certain parts. In recent weeks there have been many messages exchanged between the businesses whereby both parties are trying to ensure that their own standard terms and conditions apply to the contract.
1. Can ‘battle of the forms’ be used to describe the above situation?
2. In such a situation, whose terms will apply to the contract? Can I state that as the offeree already accepts, the contract will be governed by terms of the offeror?