Please use this identifier to cite or link to this item: http://hdl.handle.net/10739/1673
Title: INTERNATIONAL APPROACHES AS PLAUSIBLE SOLUTIONS TO RESOLVE THE BATTLE OF FORMS UNDER THE INDIAN LAW OF CONTRACT
Authors: Khanderia, Saloni
Keywords: the battle of forms,
offer,
acceptance,
counter-offer,
standard terms,
Indian Contract Act, 1872,
Indian private international law.
Issue Date: Jun-2018
Abstract: The Indian court’s rigid application of the last-shot rule to resolve the predicament of the battle of forms among conflicting standard terms in domestic disputes has resulted in unreasonableness and has fostered the conclusion of contracts in bad faith. Likewise, although there is substantial evidence to prove the existence of party autonomy in the choice of law and jurisdiction under Indian private international law, its courts have failed to delineate a coherent solution for “battles” arising on these aspects. The paper thus examines the plausibility of employing the solutions prescribed by the UNIDROIT’s Principles on International Commercial Contracts and the Hague Conference on Private International Law’s Hague Principles on Choice of Law in International Commercial Contracts on the subject, as gap-fillers to interpret, supplement or develop the Indian national and private international law.
URI: http://hdl.handle.net/10739/1673
Appears in Collections:JGU Research Publications

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