Case Summaries - Butler Machine Tool Co.Ltd v Ex Cell O Corporation ( England) ltd [1979]10/15/2021 Butler Machine Tool Co.Ltd v Ex Cell O Corporation ( England) ltd [1979]
Facts of the case The plaintiff seller made an offer to cell a Butler Column Plane Miller machine on 23rd May 1969 to the defendant buyer. The seller’s standard terms were incorporated into the offer. The terms were printed on the reverse side. One of the terms read ‘all orders are accepted only upon and subject to the terms set out in our quotation and the following condition. These terms and conditions shall prevail over any terms and conditions in the buyer’s order.’ The order was placed by the buyer which included the buyer’s own standard terms and a slip that said ‘please sign and return to Ex- CELL – O. We accept your order on the terms and conditions stated there on’ On 5th June, the seller signed and returned the slip with a covering letter stated that’ please sign and return to Ex-Cell –O. We have pleasure in acknowledging receipt of your official order…This being delivered in accordance with out revised quotation on 23rd May ….. We returned herewith duly completed your acknowledgement of order form.’ Later the machine was made by the seller. The machine was later delivered to the buyer. The seller’s terms included a clause which allowed an increase in price while the buyer terms did not. The buyer refused to pay the higher price demanded by the seller. Held The buyer’s term prevailed. The lower price was paid. Lord Denning MR said…’in many of the cases, our traditional analysis of offer, counter offer, rejection, acceptance and so forth is out of date….The better way to look at all the documents passing between the parties and glean from them, or from the conduct of the parties, whether they have reached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 material on all material points.’
0 Comments
Leave a Reply. |
Kembara's Legal InfosInfos about legal issues and legal concepts that are available online . Archives
February 2023
Categories
All
|