Capes (Hatherden) Ltd v Western Arable Services Ltd

JurisdictionEngland & Wales
Neutral Citation[2009] EWHC 3065 (QB)
Date2009
Year2009
CourtQueen's Bench Division

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5 cases
  • Lisnave Estaleiros Navais Sa v Chemikalien Seetransport Gmbh
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 27 February 2013
    ...how recent they are, and the similarity in terms of subject matter and the manner in which they were concluded: see Capes (Hatherden) Ltd v Western Arable Services Ltd [2010] Lloyd's LR 477 at [35] per HHJ Havelock-Allan QC. 28 It is not necessary for the parties to the prior course of deal......
  • Vinmar Overseas (Singapore) Pte Ltd v PTT International Trading Pte Ltd
    • Singapore
    • Court of Appeal (Singapore)
    • 22 October 2018
    ...a similar subject matter and whether they were made in a consistent manner: see Capes (Hatherden) Ltd v Western Arable Services Ltd [2010] 1 Lloyd’s Rep 477 (“Capes”) at [35]. There is no fixed number of contracts that must have been executed before a term can be incorporated into the contr......
  • MGA International Pte Ltd v Wajilam Exports (Singapore) Pte Ltd
    • Singapore
    • High Court (Singapore)
    • 29 October 2010
    ...incorporation of terms by prior dealing is succinctly summarised in the case of Capes (Hatherden) Ltd v Western Arable Services Ltd [2010] 1 Lloyd’s Rep 477 (“Capes (Hatherden) Ltd v Western Arable Services Ltd”) at [35] in the following manner: Incorporation of terms by prior course of dea......
  • Transformers & Rectifiers Ltd v Needs Ltd
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 13 February 2015
    ...as the 'traditional offer and acceptance analysis', ie that there is a contract on B's conditions." 32 In Capes (Hatherden) Ltd v Western Arable Services Ltd [2010] 1 Lloyd's Rep 477 His Honour Judge Havelock-Allan QC considered a course of dealing that consisted of four contracts in one ye......
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1 books & journal articles
  • Contract Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2018, December 2018
    • 1 December 2018
    ...(LexisNexis, 6th Ed, 2017) at para 3.18. 33 [1978] 2 Lloyd's Rep 470 at 490. 34 Capes (Hatherden) Ltd v Western Arable Services Ltd [2010] 1 Lloyd's Rep 477 at [35]. 35 The Law of Contract (Michael Furmston gen ed) (LexisNexis, 6th Ed, 2017) at para 3.18. 36 Vinmar Overseas (Singapore) Pte ......