English Law Basics · glossary
Each side sends its own terms and nobody signs, so the court decides which set is in the contract. Frescalva’s quote carried its Conditions, and Marrowby’s order form carried its Purchase Conditions. The last form sent before delivery usually wins. Purchase Conditions, clause 2 · Chapter 3 · see Last shot
Explained in Chapter 3, Battle of the Forms: Whose Terms Govern the Contract, of English Law Basics.
Duarte’s first question is this: whose terms apply? Each side sent its own terms, and nobody signed anything. Lawyers call this the battle of the forms, and the court decides which set is in the contract. The last set sent before delivery usually wins, and here that was Frescalva’s acknowledgement.Read Chapter 3, Battle of the Forms: Whose Terms Govern the Contract →
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