The topic of this podcast is formation of the contract under U.C.C. § 2-207. This is the first in a series of three podcasts covering the Battle of the Forms. The second podcast covers Finding the Terms of the Contract. The third covers Written Confirmations. It is best to listen to the podcasts in sequence. This podcast discuses the "mirror image" and "last shot" rules. At the conclusion of this podcast you should be able to (1) identify when forms have different essential terms and explain the different theories for resolving that situation; (2) identify language that makes acceptance expressly conditional; and (3) where the language makes acceptance expressly conditional and the parties create a contract by conduct, you should be able to determine what the terms of the contract are under subsection (3).