The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note considers the court’s approach when there is dispute as to which party’s terms and conditions govern their contract in a ‘battle of the forms’ scenario most commonly experienced in negotiations between commercial suppliers and buyers of goods who each want to conclude a contract on their own standard terms and conditions.
A ‘battle of the forms’ arises where two parties enter into negotiations with the intention of entering into a contract but each attempts to conclude the contract on their own standard terms and conditions.
In such a case, it will be necessary to determine:
if a binding contract has been entered into between the parties and, if so
which party’s terms and conditions have been incorporated into the contract, if any
The scenario often arises in negotiations between commercial suppliers and buyers of goods who each want to conclude a contract on their own standard terms and conditions.
The key issue will be to identify precisely when the contract was concluded. This will involve analysing the exchanges between the parties in terms of offer and acceptance.
In Tekdata Interconnections v Amphenol, Dyson LJ analysed the proper approach as follows:
‘In my judgment, it is not possible to lay down a general rule that will apply in all cases where there is a
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