The battle of the forms is a common occurrence in contract law, not only in Canada but worldwide. It refers to situations where two parties are negotiating terms for a contract, and each party sends their own version of the contract with different terms. This can lead to confusion and disputes about which version of the contract is binding.

In Canada, the battle of the forms is resolved based on the principles of offer and acceptance. According to Canadian contract law, an offer is a proposal by one party to another, indicating a willingness to enter into a contract under specific terms. The acceptance occurs when the other party agrees to the terms set out in the offer.

If two parties enter into negotiations and each sends a different version of the contract, the key question is whether there has been a valid offer and acceptance. If the parties have not reached an agreement on the terms of the contract, then there is no contract in place. In this case, the terms of the contract cannot be enforced.

However, if the parties have reached an agreement on certain terms, then there may be a contract in place. The question then becomes which version of the contract governs the terms of the agreement.

Canadian courts will look at several factors to determine which version of the contract is considered the final and binding terms of the agreement. One of the key factors is the timing of the acceptance of the contract. If one party sends their version of the contract first and the other party accepts it without making changes, then the first version of the contract is likely to be considered the final agreement.

Another factor is whether there was any discussion or negotiation around the conflicting terms in the different versions of the contract. If there was no discussion or agreement reached, then the conflicting terms are likely to be considered void and unenforceable.

The battle of the forms can be a complex legal issue that requires careful consideration and analysis. As always, it is best to consult with a legal professional to ensure that your rights are protected when entering into a contract. In conclusion, it is important to ensure that both parties negotiate and agree on the terms of a contract before executing it, to avoid confusion and disputes that could lead to prolonged legal battles.