GHSP Inc v AB Electronic Ltd [2010] EWHC 1828 (Comm) (20 July 2010)

GHSP Inc v AB Electronic Ltd [2010] EWHC 1828 (Comm) (20 July 2010)

Neither the Claimant's nor the Defendant's terms and conditions were incorporated into the contract; the contract is governed by the implied terms of the Sale of Goods Act 1979.

Citation
[2010] EWHC 1828 (Comm)
Parties
Claimant: GHSP Inc; Defendant: AB Electronic Ltd
Jurisdiction
England and Wales
Judgment Date
20 July 2010
Procedural Posture
Commercial Contract Dispute / Preliminary Issue Determination
Outcome
Neither party's terms incorporated; contract governed by implied terms under Sale of Goods Act 1979.
Legal Topics
Battle of the Forms, Terms and Conditions, Implied Terms, Sale of Goods Act 1979
Contract Law Commercial Law Battle of the Forms Terms and Conditions Implied Terms Sale of Goods Act 1979

Case Brief

Summary, issues, holding and outcome

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Parties

GHSP Inc

Claimant

AB Electronic Ltd

Defendant

Procedural Posture

Commercial Contract Dispute / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the contract incorporated the Claimant's or Defendant's terms and conditions
  2. 2 Whether the contract was governed by implied terms under the Sale of Goods Act 1979

Ratio Decidendi

Neither the Claimant's nor the Defendant's terms and conditions were incorporated into the contract; the contract is governed by the implied terms of the Sale of Goods Act 1979.

Court Disposition

Neither party's terms incorporated; contract governed by implied terms under Sale of Goods Act 1979.

Orders

  • The preliminary issue is determined: the contract is governed by the implied terms of the Sale of Goods Act 1979, not by either party's standard terms and conditions.