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Home > 7. Battle of the Forms (10:27)

7. Battle of the Forms (10:27)

Professor Graves explains the battle of the forms under the CISG Article 19, as well as the tension between the different legal theories relevant for this issues (such as the "last shot" rule and the "knock out" rule).

Jack Graves

Professor Jack Graves [1] is a faculty member at Touro Law Center, where he teaches Contracts, Business Law, Arbitration, and Digital Lawyering (technology-leveraged legal service delivery). Graves writes on commercial law and arbitration, including his recent book, Learning Contracts [2] (West 2014), an innovative first-year teaching text that abandons the traditional law school casebook method in favor of individual lessons containing learning objectives, explanations, examples, and problems in support of a flipped classroom approach. Graves also serves as Director of Digital Legal Education at Touro, leading initiatives to add online offerings of traditional law courses, as well as innovative new courses in “digital lawyering.” He has most recently turned his textbook on International Sales Law & Arbitration into an interactive online course for fully asynchronous delivery. Graves brings a multi-dimensional perspective to his work, with a unique blend of experiences in business management, commercial and corporate law practice, and legal education.

Contact email: Jgraves@tourolaw.edu

 

International Sales Law Program

Additional Resources:

PDF icon presentation.pdf [3]

For additional reading - the relevant case law and scholarly writings - see:

  • Soterios Loizou, CISG: The "Battle of the Forms" [4]

  • Annotated text of CISG Article 19 [5]

  • CISG Advisory Council Opinion no. 13, Inclusion of Standard Terms Under the CISG [6]

Last updated: 
Tuesday, May 16, 2017

Source URL: https://iicl.law.pace.edu/training/7-battle-forms-1027

Links
[1] http://www.tourolaw.edu/AboutTouroLaw/bio.aspx?id=44
[2] http://www.westacademic.com/Professors/ProductDetails.aspx?NSIID=3001
[3] https://iicl.law.pace.edu/sites/default/files/video-materials/presentation_5.pdf
[4] https://iicl.law.pace.edu/cisg/bibliography/cisg-battle-forms
[5] https://iicl.law.pace.edu/cisg/page/annotated-text-cisg-article-19
[6] https://iicl.law.pace.edu/cisg/bibliography/cisg-ac-opinion-no-13-inclusion-standard-terms-under-cisg