The parties are involved in a battle of the forms.The court needs to decide which set of terms, if either, will govern the contract.In making that decision, the court is most likely to be influenced by

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In a battle of the forms, where different parties are exchanging their own standard forms with their own set of terms, the court is most likely to be influenced by the usual practice in the industry. This means that the terms that are commonly accepted in that specific industry are likely to be imposed as the governing terms of the contract. This is because the court will assume that both parties were aware of the usual practices in the industry and that they would have intended to adopt those practices. Therefore, choice E is the best option.

The Parties Are Involved in a Battle of the Forms