The Battle of the Forms—There Is a Purpose
Abstract
This article provides an alternative approach to the daunting task of teaching business undergraduates a fundamental appreciation of the flexibility of the Uniform Commercial Code (UCC) and the ability of the UCC to adapt to the needs of commerce by facilitating fair, efficient transactions. Paradoxically, we suggest using one of the most difficult sections of the UCC, Section 2‐207, the often discussed “Battle of the Forms,” to make UCC concepts and the relationships of those concepts to modern business transactions easier to understand. This alternative approach is also designed to help students appreciate the challenges of establishing rules to assure fair and efficient transactions and how changes in the way transactions occur impact the laws and how the laws impact the changes. This article also presents exercises, questions, and illustrative flowcharts used successfully over several years in undergraduate business law classes. These tools produce an integrated method for presenting UCC Section 2‐207. While no sane individual has ever professed a love for UCC study, students and faculty have expressed tolerance and a palpable appreciation for these methods.
