Dougland Support Services v Allscan Services Ltd.

Dougland Support Services v Allscan Services Ltd.

Dougland, by accepting and paying for services after receipt of Allscan's January 2000 quotation, accepted all the terms of that quotation, including the termination clause requiring at least three months' notice expiring on the anniversary date. The district judge erred in relying on subsequent correspondence to construe the contract, and the judge was correct to find that the termination clause was incorporated by conduct.

Parties
Appellant/defendant: Dougland Support Services Limited; Respondent/claimant: Allscan Services Limited
Jurisdiction
England and Wales
Judgment Date
23 January 2003
Procedural Posture
Civil Appeal / Appeal From High Court (bristol County Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Termination of Contract, Acceptance by Conduct, Variation of Contract, Interpretation of Contract Terms
Contract Law Termination of Contract Acceptance by Conduct Variation of Contract Interpretation of Contract Terms

Case Brief

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Parties

Dougland Support Services Limited

Appellant/defendant

Allscan Services Limited

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court (bristol County Court) to Court of Appeal

Legal Issues

  1. 1 Whether the contract between Dougland and Allscan was terminable on one month's notice or only by at least three months' notice expiring on the anniversary date
  2. 2 Whether Dougland accepted the termination clause in Allscan's quotation by conduct
  3. 3 Whether the judge was entitled to reverse the district judge's findings

Ratio Decidendi

Dougland, by accepting and paying for services after receipt of Allscan's January 2000 quotation, accepted all the terms of that quotation, including the termination clause requiring at least three months' notice expiring on the anniversary date. The district judge erred in relying on subsequent correspondence to construe the contract, and the judge was correct to find that the termination clause was incorporated by conduct.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed in the sum of £4,209