Battle of the Forms in UK Law
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Butler Machine Tool Company Ltd v Ex-Cell-O Corporation (England) Ltd
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The better way is to look at all the documents passing between the parties - and glean from them - or from the conduct of the parties whether they have reached agreement on all material points ven though there may be differences between the forms and conditions printed on the back of them. If differences are irreconcilable - so that they are mutually contradictory - then the conflicting terms may have to be scrapped and replaced by a reasonable implication
The modern commercial practice of making quotations and placing orders with conditions attached, usually in small print, is indeed likely, as in this case to produce a battle of forms. The view taken by the learned judge was that the battle should extend over a wide area and the court should do its best to look into the minds of the parties and make certainassumptions in my judgment, the "battle has to be conducted in accordance with set rules.
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Tekdata Interconnections Ltd v Amphenol Ltd
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If, however, it is clear that the neither party ever intended the seller's terms to apply and always intended the purchaser's terms to apply, it is conceptually possible to arrive at the conclusion that the purchaser's terms are to apply.
The judge found that Amphenol acknowledged the purchase orders by sending an acknowledgment to Tekdata. In law it could only be at that date at earliest that a contract for the purchase and sale of the specified connectors came into existence.
In my judgment, it is not possible to lay down a general rule that will apply in all cases where there is a battle of the forms. It always depends on an assessment of what the parties must objectively be taken to have intended.
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Transformers & Rectifiers Ltd v Needs Ltd
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DL's argument was that its acknowledgement of order was a counter offer, rather than an acceptance of SHL's order. It submitted that its counter offer was accepted by SHL taking delivery of the goods. HHJ Havelock-Allan concluded that the words "Delivery based on our General Terms" at the foot of the acknowledgement of order was not sufficient to convert the acknowledgement of order into a counter offer.
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Trentham (G Percy) Ltd v Archital Luxfer Ltd
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The fact that the transaction was performed on both sides will often make it unrealistic to argue that there was no intention to enter into legal relations. It will often make it difficult to submit that the contract is void for vagueness or uncertainty. Specifically, the fact that the transaction is executed makes it easier to imply a term resolving any uncertainty, or, alternatively, it may make it possible to treat a matter not finalised in negotiations as inessential.
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The Town and Country Planning (General Permitted Development) (England) Order 2015
... ... part of the dwellinghouse would extend beyond a wall which—(i) forms the principal elevation of the original dwellinghouse; or(ii) fronts a ... curtilage; and“war game” means an enacted, mock or imaginary battle conducted with weapons which are designed not to injure (including smoke ... ...
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The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (Wales) Order 2021
... ... “war game” means an enacted, mock or imaginary battle conducted with weapons which are designed not to injure (including smoke ... (c) chairs, benches or other forms of seating, and ... (d) umbrellas, barriers, heaters and other articles ... ...
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Statute Law Revision Act 1863
... ... Statute concerning the Great Assises and Battle ... Statutu de Gaveleto in London' ... The Statute of Gavelet in ... Alienation of Lands holden in Chief ... The excepted part forms Chapter 4. in Ruffhead's Edition ... 31 Ed. 1., Tractatus de Ponderibus ... ...
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Tormoham Improvement Act 1835
... ... I-Iousts and Buildings as aforesaid, with the Appurtenances, of such Forms and Dimensions, and with such Conveniences, and in such Manner as the said ... , or fly any Kite, or run any Race, or fight any pitched or other Battle, or cause, instigate, or encourage any Person or Dog or other Animal to ... ...
- The Battle of Forms
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Michael Furmston and G J Tolhurst, CONTRACT FORMATION: LAW AND PRACTICE Oxford: Oxford University Press (www.oup.com), 2010. liii + 421 pp. ISBN 9780199284245. £175.
... ... The chapters cover some old favourites – the battle" of the forms, the postal acceptance rule, and auctions, for example –\xE2\x80" ... ...
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COMMENTARY ON THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS (PICC). Ed by Stefan Vogenauer and Jan Kleinheisterkamp Oxford: Oxford University Press (www.oup.co.uk), 2009. ccxxix + 1319pp. ISBN 9780199291755. £210.
... ... For example, in relation to the problem of the “battle of the forms”, the commentary contains an overview of different ... ...
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The Scottish Law Commission's Contract Report 2018
... ... policy reason in modern conditions for privileging postal over other forms of acceptance communicated between remote parties. The rule is commonly ... The battle of the forms ... There is no specific recommendation on the problem of the ... ...