This lease rider form may be used when you are involved in a lease transaction, and in the event of a conflict or inconsistency between the printed terms of this Lease and added terms of the Lease, the added terms shall control and be deemed to supersede the printed terms of the Lease.
New Hampshire Conflicts Between Printed Form and Added Terms: Understanding the Legal Framework In the state of New Hampshire, conflicts between printed form and added terms play a crucial role in contract law. This article aims to provide a comprehensive overview of New Hampshire's legal framework pertaining to conflicts between printed form and added terms. By exploring this topic, we'll gain insights into the different types of conflicts that may arise and the legal principles applied in such cases. New Hampshire follows the adopted provisions of the Uniform Commercial Code (UCC), which governs the sale of goods and related transactions. Under UCC Article 2, conflicts between printed form and added terms fall within the purview of contract law and require careful examination. Types of Conflicts Between Printed Form and Added Terms: 1. Conflicts Arising in Standardized Contracts: Standardized contracts are commonly used in commercial transactions, containing pre-printed terms that may not cater to the specific circumstances of every transaction. Any additional or conflicting terms proposed by either party will potentially introduce a conflict regarding the agreement's terms. 2. Battle of the Forms: This situation arises when both parties use their own standard forms while negotiating a contract. The conflicting terms from each party's forms present a challenge when attempting to reach a mutual agreement. Resolving these conflicts is crucial to establish the enforceability and validity of the contract. 3. Conflicts in Different Versions of the Agreement: Occasionally, multiple versions of an agreement are presented, which may contain variances in their terms. These discrepancies create conflicts that need to be resolved to ensure a clear understanding of the rights and obligations of the parties involved. Legal Principles Applied to Resolve Conflicts: 1. Offer and Acceptance: The process of offer and acceptance forms the cornerstone of contract formation. When conflicts arise between printed form and added terms, determining the precise stage at which an offer is accepted or rejected becomes essential in identifying conflicting terms. 2. Mirror Image Rule: The Mirror Image Rule states that the acceptance of an offer must precisely mirror the terms proposed in that offer. However, when additional or different terms appear in the acceptance, a conflict arises. New Hampshire law may consider such alterations as counteroffers, requiring further negotiation between the parties. 3. Course of Performance, Course of Dealing, and Usage of Trade: These concepts allow the court to evaluate the parties' prior conduct and trade practices to determine their intentions when resolving conflicts between printed form and added terms. Courts in New Hampshire often rely on these factors to interpret conflicting terms and ascertain what constitutes a mutual agreement. 4. Express Agreement: In some cases, parties may explicitly address conflicts between printed form and added terms by including an express agreement clause. If such a clause exists, it generally takes precedence over conflicting terms in the printed form, unless it violates any governing law or public policy. In conclusion, New Hampshire's legal framework concerning conflicts between printed form and added terms requires careful consideration and analysis. Understanding the different types of conflicts that can occur and the legal principles applied by the court is crucial when entering into contractual agreements. Being mindful of these aspects will help parties involved in commercial transactions navigate potential conflicts effectively and protect their rights and interests.
