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 Jersey conflicts between printed form and added terms occur when there is a discrepancy or disagreement between the terms presented in a preprinted form and additional terms added to a contract or agreement. These conflicts can arise in various types of legal documents, including sales contracts, rental agreements, employment contracts, and more. In New Jersey, conflicts like these often revolve around the battle of the forms, where each party attempts to have their terms prevail over the other's. The Uniform Commercial Code (UCC) governs the resolution of these conflicts, particularly UCC Article 2, which deals with the sale of goods. One common situation arises when a party presents a contract with printed terms and the other party seeks to include additional terms by either adding them on the contract or providing a separate document. In such cases, the conflict arises whether the preprinted terms or the additional terms should take precedence. This conflict is further compounded if both parties claim that their terms are essential to the agreement. New Jersey recognizes two primary theories for resolving these conflicts: the "last-shot" rule and the "knock-out" rule. Under the last-shot rule, the terms of the party who sent the last form before performance or acceptance would prevail. In contrast, the knock-out rule suggests that conflicting terms cancel each other out, and the court would fill the gaps if necessary. It is important to note that New Jersey courts may also consider other factors in determining which terms should prevail. These factors include the parties' conduct, course of dealing, course of performance, and industry custom or usage. Additionally, if the additional terms significantly alter the contract, they may not be enforceable unless both parties expressly agreed to their inclusion. Conflicts between printed form and added terms can pose significant legal challenges, so it is essential for parties to carefully review and negotiate the terms of their contracts. Seeking legal advice to navigate these conflicts is highly recommended ensuring the desired outcome and protect the interests of all parties involved.New Jersey conflicts between printed form and added terms occur when there is a discrepancy or disagreement between the terms presented in a preprinted form and additional terms added to a contract or agreement. These conflicts can arise in various types of legal documents, including sales contracts, rental agreements, employment contracts, and more. In New Jersey, conflicts like these often revolve around the battle of the forms, where each party attempts to have their terms prevail over the other's. The Uniform Commercial Code (UCC) governs the resolution of these conflicts, particularly UCC Article 2, which deals with the sale of goods. One common situation arises when a party presents a contract with printed terms and the other party seeks to include additional terms by either adding them on the contract or providing a separate document. In such cases, the conflict arises whether the preprinted terms or the additional terms should take precedence. This conflict is further compounded if both parties claim that their terms are essential to the agreement. New Jersey recognizes two primary theories for resolving these conflicts: the "last-shot" rule and the "knock-out" rule. Under the last-shot rule, the terms of the party who sent the last form before performance or acceptance would prevail. In contrast, the knock-out rule suggests that conflicting terms cancel each other out, and the court would fill the gaps if necessary. It is important to note that New Jersey courts may also consider other factors in determining which terms should prevail. These factors include the parties' conduct, course of dealing, course of performance, and industry custom or usage. Additionally, if the additional terms significantly alter the contract, they may not be enforceable unless both parties expressly agreed to their inclusion. Conflicts between printed form and added terms can pose significant legal challenges, so it is essential for parties to carefully review and negotiate the terms of their contracts. Seeking legal advice to navigate these conflicts is highly recommended ensuring the desired outcome and protect the interests of all parties involved.
