Scottish Law Online > Discussion Forum Community Home | Search | Contact
 
 
Welcome, Guest. Please Login or Register
 
Visit Amazon.co.uk today Wink
Home Help Search Login Register



Page Index Toggle Pages: 1
Send Topic Print
contract quest! (Read 6804 times)
yscw
Newbies
*
Offline


I love YaBB 1G - SP1!

Posts: 2
contract quest!
Nov 18th, 2003 at 9:30am
 
I met that case below&was confused... ???

A will do supplying for B so sent a quotation with his "exclusive conditions of sale and supply", which all firms should apply when dealing with them.

B agreed the quotation and sent purchase order back which also indicated his "exclucive conditions listed OVERLEAF".

A received the order and delivered the supply.

So, when was the contract formed? was that B's purchase order to be recognised as counter-offer or acceptance? were A's "exclusive conditions" read to be exclusion clause?

confused..confused..confused...
Back to top
 
 
IP Logged
 
Kate
Newbies
*
Offline


I love YaBB 1G - SP1!

Posts: 1
Re: contract quest!
Reply #1 - Jan 16th, 2004 at 9:24pm
 
OK, I'm not sure, but I think the last person to get their 'exclusive' terms in (in 'the battle of the forms') is the one whose terms and conditions apply.  By performing the contract acceptance of B's counter-offer has been made clear, so B's terms apply.

Yes?

No?
Back to top
 
 
IP Logged
 
AGB
Newbies
*
Offline


I love YaBB 1G - SP1!

Posts: 3
Re: contract quest!
Reply #2 - Feb 24th, 2004 at 8:17pm
 
I'll probably only complicate things but it sounds a bit like this case:
Continental Tyre & Rubber Co. Ltd. v Trunk Trailer Co. Ltd. [1985] S.C. 163

T placed an order with C to supply tires with their standard terms written on the back.  C supplied the tiires and with the delivery they sent an invoice detailing THEIR standard terms.  The two companies conditions were incompatible. 
The court held that there was a contract in existence as the contract had been concluded when delivery was made.  Therefore the contract was governed by the first set of standard conditions.   

This is all probably no help  Smiley
Back to top
 
 
IP Logged
 
Page Index Toggle Pages: 1
Send Topic Print
(Moderator: YaBB Administrator)



Scottish Law Online Scottish Law Online Quick links:
Scotland: Law Society - Scottish Courts - Scotland Legislation - Scottish Parliament
England: Law Society - Courtservice - DCA - Home Office - Law Commission
UK: BAILII - OPSI - Parliament - House of Lords - Direct Gov - Legal 500 - Chambers
Europe: Europa - ECJ - ECHR - Eur-Lex - Commission - Parliament - OEIL
World: WorldLII - AustLII - CornellLII - Findlaw - UN - ICJ - WTO - Lex Mercatoria
Best of the Web: Amazon - Google - Y!Music - IMDB - BBC News - Radio1 - TV - RoF
Shop Online with Amazon
Discussion Forum Kevin F Crombie 2009