- Incorporation of standard terms, UCTA, contractual completion (Phoenix v Henley)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Incorporation of standard terms
- UCTA 1977 and reasonableness
- Case details
Commercial analysis: The case concerned whether or not the supplier’s standard terms and conditions were incorporated, the reasonableness of the limitation of liability contained within them, whether contractual completion had taken place, the acceptance/rejection of supplied goods and if they were of satisfactory quality and fit for purpose and whether the supplier had a concurrent duty in contract and tort. The High Court held that the supplier was able to recover almost all of the remaining amount of the contract price due to it. Written by Michael Budd, partner and head of company commercial at Longmores Solicitors.
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