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Gateway to Arbitration: Issues of Contract Formation under the U.C.C. and the Enforceability of Arbitration Clauses Included in Standard Form Contracts Shipped with Goods

By: Mahdi, Sajida A. | Northwestern University Law Review, Fall 2001 | Article details

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Gateway to Arbitration: Issues of Contract Formation under the U.C.C. and the Enforceability of Arbitration Clauses Included in Standard Form Contracts Shipped with Goods


Mahdi, Sajida A., Northwestern University Law Review


Tempora mutantur, nos et mutamur in illis.1

I. INTRODUCTION

Mass production and distribution dominate today's economy.2 Consequently, the use of standard form contracts3 prevails in today's ordinary, routine commercial transactions.4 Standard form contracts are "neither good nor bad, and neither just nor unjust, for they are necessary and generally mutually beneficial."5 They permit companies to reduce the cost of negotiations and save time that each party would otherwise spend bargaining over terms.6 Courts generally enforce standard form contracts,7 and the ReIMAGE FORMULA6

statement of Contracts recognizes and approves …

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