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expres terms

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › expres terms

  • This topic has 1 reply, 2 voices, and was last updated 12 years ago by MikeLittle.
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  • May 14, 2013 at 2:15 pm #125441
    aishaasad
    Member
    • Topics: 159
    • Replies: 185
    • ☆☆☆

    Hello Sir
    Please explain the main point in the following case of Nicloene v Simmonds

    The facts:
    The claimant offered to buy steel bars from the defendant. A contract was made by correspondence, in which the defendant provided that ‘the usual conditions of acceptance apply’. The defendant failed to deliver the goods and argued that there had been no explicit agreement.

    Decision:
    The words should be disregarded. The contract was complete without these words; there were no usual conditions of acceptance
    Thanks in advance 🙂

    May 15, 2013 at 11:03 am #125528
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    It’s not always necessary to get into the very basic detail of terms and conditions when you’re ordering goods / accepting offers

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