a As a seller and exporter of goods you are negotiating a long-term (three-year) installment contract. Because of the length of the contract, an open price term needs to be negotiated.

Write a clause that anticipates the risks involved in entering a long-term supply contract.

What cost factors should be described in detail? Also, how would one interrelate the open price term with a force majeure clause?

b You are negotiating a contract for the shipment of goods from Miami to the Middle East. The risks and costs of the shipment will be yours to the point of destination. Draft a force majeure clause. What events would you want to be considered as force majeure? Should some occurrences provide for an excuse (termination)

and others for suspension?

c In a “battle of the forms” situation the additional terms in the acceptance often become a part of the contract. Assuming that you are the offeror, draft language for your offer that would preclude those additional terms from entering the contract.

Assuming that you are the offeree, draft a clause for your acceptance that would make it clear that there is no contract unless it is on the terms of the acceptance (counteroffer).