Whether you call it battle of the forms, the knockout rule or simply 2-207, this rule is one of the most complex things that you will ever learn in law. In my classes this week this is what we focused on. Do you have tips or things that have worked to help you understand this complex rule? If so, please share in the comments. Here are my tips: 1. Remember that the transaction must be for the sale of a good or this rule never applies 2. If you can accept under 2-206 and use the mirror image rule acceptance concept do that, and do not go into this doctrine unless you need it 3. The triggers to know that you need to address 2-207 include an acceptance that contains different or additional terms. If you see that then that means you need to address acceptance under 2-207 (1) 4. Do not hit sections 12 and 3 of 2-207 at the same time because you will not ever need all three of them 5. Always start off with 2-207(1)) by itself. In this provision, you were looking for your actual acceptance. If you have a seasonable or definite expression of acceptance or written confirmation, that is sent within a reasonable time, and no provisional language requiring acceptance… Then you have acceptance with different additional terms under section one. 6. If you find acceptance in 2-207-1, then go to 2-207–2 to determine whether the difference or additional terms will become part of the contract. If the transaction is not between merchants, according to UC 2–104, then the additional term does not become part of the contract. 7. However, if the contract is between merchants, the additional term becomes part of the contract, unless one of three things happens. The other merchant must object to it, there must be provisional language in the offer, limiting acceptance to the terms contained in the inside of it, or the additional term as materially alter the original offer 8. Material offer is defined in the comments underneath 2–207. It is defined as undo hardship or surprise. So to argue material alteration use the facts to show that it will cause surprise to the other party by not ascending to it and including it in the contract And let that be your driver as to whether it should be excluded or not 9. Now, if you did not find acceptance in 2–207 section one, but the parties are still acting like they have a contract, even though it’s not legally binding, then and only then do you go to 2–207. Now, if you read the language of 2–207, you will see that the conduct accepts the contract however the terms of the contractor limited to only those that have been agreed-upon or are implied terms. So that means that the additional or different term that was proposed during acceptance, never becomes part of the contract under 2–207 section 3. 10. My final tip is to remind you to make sure to do a merchant analysis before you start addressing 2–207 section 2. You use 2–104 to address whether or not the parties involved in the transactions are considered merchants is for purposes of this transaction. There are three ways that they can be considered a merchant. If they sell the goods of the kind, if they hold themselves out as an expert, or they hire a third-party expert.

Hi everyone, Welcome back to the new school year to the returning students and welcome to law school to the 1L students!!! Over 25 years ago, I made the decision to go to law school and it has been one of the best decisions of my life. This is a difficult journey, but it is worth it, and it will change your life forever. I made a lot of mistakes when I went to law school. And now as a law professor, I see a lot of students make the same mistakes. That’s why we created this community. Use the feed when you’re struggling with rules to ask for help from other students. If you are struggling with something and need additional resources, let me know and we’ll create a new classroom for you with resources. It’s so very important to reach out to community and test your knowledge by teaching others. We will regularly post MBE questions with poles so that you can choose the correct answer and discuss with your fellow law skoolers. You aren’t on this journey alone. Looking forward to working with each of you this semester so that each of us can continue to level up together. Professor Farina

Exploring the Complex Relationship Between Law and Justice Dilemmas at the Intersection of Law and Morality • Can a law that is democratically enacted still be fundamentally unjust, and if so, what gives judges or citizens the moral authority to resist it? • Should justice prioritize truth, fairness, or social stability when those three values cannot all be achieved at the same time? • If punishment cannot undo the harm suffered by a victim, what is its true philosophical purpose: retribution, deterrence, rehabilitation, or something else? • Is the legitimacy of a legal system determined by its procedures (the rule of law) or by the moral outcomes it produces, and what happens when those two conflict? • If artificial intelligence eventually applies legal rules more consistently than human judges, should society accept decisions that are more predictable but potentially less compassionate? The Question of Loyalty When Law and Justice Conflict • When law and justice diverge, which deserves our loyalty—and who has the legitimate authority to decide when that divergence has become intolerable? Foundational Legal and Philosophical Concepts • no simple answer and naturally leads into discussions of H.L.A. Hart, Ronald Dworkin, John Rawls, Lon L. Fuller, legal positivism, natural law, constitutionalism, civil disobedience, and the rule of law.

Hi law skoolers! Starting July 6, we will do a 1L skills refresher for you all! Law school focuses on learning the LAW but you need SKILLS to read, write, and argue the law. Each week we will focus on one skill set that is needed to succeed in law school. Gotta make sure we get the fall semester started off right! Even if you are a rising 2L, make sure to join us since we can always improve these skills. July 6: Briefing cases & Outlining July 13: Handling cold calls in class July 20: IRAC & Essay Writing July 27: MBE Skills & Pitfalls Schedule of events to come!

Hi everyone, just thinking of all the current law students in our community and the anxiety you must have as you are starting to approach final exams. Remember you have created your own good luck by mindfully working hard for 9-10 months on this goal. This is the time to manage your time wisely, set strategic goals that will maximize your time, and be start to slowly wind down the semester and prepare for game day. You MUST practice the game before game day. You will never feel ready but do it anyway. Practice MBE style questions. Practice essay writing. Lock in your slap down rules. We either win or learn must be your mentality. Don’t let fear, imposter syndrome, last semesters issues, a prof you don’t like, family issues or work obligations interfere with your exam prep. Be realistic about your time and obligations and create a plan for success around it. Believe in you, lean in, learn the rules, and get ready to show off all your hard work! You got this. Really. Shoot for the moon so that when you fail you still land among the stars. Prof. Farina