This 18 page English law paper examines the factors that determine when an agreement is made and how the terms and condition are determined. Using a case study supplied by the student where an order is made and fulfilled with the goods are delivered as ordered with the exception of the package sizes, the writer examines if the goods can be rejected and how the battle of the forms is used to determine which terms and conditions apply to the contract. The paper makes numerous references to cases to illustrate to points raised. This paper is written with English law. The bibliography cites 20 sources.
Name of Research Paper File: TS14_TEbattlef.rtf
Unformatted Sample Text from the Research Paper:
rice to be delivered in 1/4 bags, totalling 800 bags. The suppliers; Eastern Exporters plc, supply the goods, but instead of 800 bags each weighting 1/4 of a ton there
are 400 bags each weighting half a ton. The total amount is correct, but the packing amount is not. The difficulty arises
as the transportation that Tesburys use can only transport the 1/4 ton sacks. Due to this Tesburys want to reject the delivery, but Eastern Exporters plc want to rely on
a close in their terms and conditions that states " If, despite the sellers reasonable endeavours, the goods fail to comply with the contract description, the buyer will not be
entitled to reject the goods but will be entitled to damages only". The difficulty is one we need to look at initially in terms of reaching an agreement and
consider what is commonly known as the battle of the forms as well as even if this is a breach of a term rather than a warranty, if it
would allow the goods to be rejected with the contract terminated due to a breach and if the term that is being put into place by Eastern Exporters can be
enforced if their terms and conditions are deemed to be applicable to the contract. The companies appear to have differing terms and
conditions which clash, Tesburys have a clause which excludes the Sale of Goods Act 1979 section 15A, meaning that the compliance becomes strictly contractual with reference these terms and condition.
Some elements of the Sale of Goods Act are unable to be excluded, such as those concerning product liability. But this is part of the act that can be excluded