What is the ratio in Butler Machine Tool v Ex-Cell-O Corp?

In battle of forms situations, the 'last shot' of terms before acceptance generally determines the contract terms. The final communication containing terms that is accepted governs the agreement.

What did the court decide in Butler Machine Tool v Ex-Cell-O Corp?

The Court of Appeal held that Ex-Cell-O's terms applied because their order constituted a counter-offer which Butler accepted by returning the acknowledgment slip.

Why is Butler Machine Tool v Ex-Cell-O Corp important for contract law?

It established the 'last shot doctrine' for resolving battles of forms and remains the leading authority on how courts determine which terms apply when parties exchange conflicting standard terms.

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