Selected Cases by Article & Issues
Article 2.1.123 Cases
If a writing which is sent within a reasonable time after the conclusion of the contract and which purports to be a confirmation of the contract contains additional or different terms, such terms become part of the contract, unless they materially alter the contract or the recipient, without undue delay, objects to the discrepancy.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Notion of "writings in confirmation" | |
| 1.1 | Letters of confirmation | |
| 1.2 | Invoices | |
| 2 | Conditions for modifying terms to become part of the contract | 3 |
| 2.1 | Writing to be sent within reasonable time after conclusion of contract | |
| 2.2 | Modifying terms non material | |
| 2.3 | Silence of recipient | |
| 3 | Difference with modified acceptance (Art. 2.1.12) | |
| 4 | Difference with battle of forms (see Art. 2.1.22) |