Contract Terms Incorporation in UK Law

  • Henry Kendall & Sons (A Firm) v William Lillico & Sons Ltd and Others
    • House of Lords
    • 08 Mayo 1968
    ... ... purpose, provided that in the case of a contract for the sale of a specified article under its ... They succeeded on the terms of the contract and under section 14 (1). But ... be taken to have assented to the incorporation of these terms in the contract. The remaining ... ...
  • Macmillan Inc. v Bishopsgate Investment Trust Plc (No. 3)
    • Court of Appeal (Civil Division)
    • 02 Noviembre 1995
    ... ... purposes, such as the proper law of a contract, or of an obligation. Conflict lawyers speak of ... difference) the law of the place of incorporation or where the register is kept. All these tests ... been a stay of proceedings in Scotland on terms that the dispute should be decided in England in ... ...
  • HIH Casualty and General Insurance Ltd v New Hampshire Insurance Company
    • Court of Appeal (Civil Division)
    • 21 Mayo 2001
    ... ... , a question of fairness in the incorporation of a term which, as will be seen, has to be ... Thus, where an insurance contract is to be found in a "slip policy" which looks ... , did not endorse, and was unaware of the terms of the policy wording. For present purposes, that ... ...
  • Smith v South Wales Switchgear Company Ltd
    • House of Lords
    • 09 Noviembre 1977
    ... ... to be treated as incorporated in the contract. If the respondents had been asked to send a copy ... never raised any objection to their incorporation, nor any question as to their terms and a few ... ...
  • Prest v Petrodel Resources Ltd
    • Supreme Court
    • 12 Junio 2013
    ... ... 2010, when it lost its major exploration contract. Given his evident determination to frustrate his ... which seek to rationalise the case law in terms of general principle, and then to look at a ... On the contrary, that is what incorporation is all about. Thus in a case like VTB Capital , ... ...
  • VTB Capital Plc v Nutritek International Corpn
    • Supreme Court
    • 06 Febrero 2013
    ... ... law is the putative proper law of the contract may be of very great importance ….; or it may ... where the action should be better tried, in terms which foreshadowed Lord Goff's approach in The ... is entitled to "pierce the veil of incorporation" of RAP, as a result of which Mr Malofeev (and ... ...
  • McCutcheon v David Macbrayne Ltd
    • House of Lords
    • 21 Enero 1964
    ... ... 2 The question is, what was the contract between the parties? The contract was an oral ... judges of the Court of Session that the terms of the receipt which was made out by the purser ... legitimate to apply the tests of incorporation of conditions in such cases to a case like the ... ...
  • VTB Capital Plc v Nutritek International Corporation
    • Court of Appeal (Civil Division)
    • 20 Junio 2012
    ... ... respect of what I will call broadly the contract point; that is to say whether or not, as a result ... others, setting out the currently proposed terms of the deal. By the time of the third document, ... contract, by piercing the veil of incorporation of RAP. The first and fundamental point is ... ...
  • Springwell Navigation Corporation (A Body Corporate) v (1) Jp Morgan Chase Bank (A Body Corporate) (Formerly Known as the Chase Manhattan Bank) (2) Jp Morgan Europe Ltd (Formerly Known as Chase Manhattan International Ltd) and Others
    • Court of Appeal (Civil Division)
    • 01 Noviembre 2010
    ... ... Sub-Issue (a): The GKO LN Note terms: to whom does the term “Holder” apply? ... of their structure, a forward currency contract for the conversion of the GKO rouble proceeds ... advice to Springwell since its incorporation and assumption of the “treasury company” role ... ...
  • Edwards v Chesterfield Royal Hospital NHS Foundation Trust
    • Supreme Court
    • 14 Diciembre 2011
    ... ... now well established that an employment contract is subject to an implied term that the employer ... to a contract which incorporated the terms of its letter to Mr Edwards dated 2 June 1998 ... could not have intended that the incorporation of provisions in relation to disciplinary ... ...
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