GHSP Inc v AB Electronic Ltd

GHSP Inc v AB Electronic Ltd

Neither the Claimant's nor the Defendant's standard terms and conditions were incorporated into the contract. The parties never reached consensus on either set of terms, and their conduct and communications showed that both sides were aware of the other's refusal to accept the other's terms. The contract was therefore governed by the implied terms of the Sale of Goods Act 1979.

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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

GHSP Inc

Claimant

AB Electronic Ltd

Defendant

Procedural Posture

Commercial Contract Dispute / Preliminary Issue Hearing

Legal Issues

  1. 1 Whether the contract incorporated the Claimant's or Defendant's standard terms and conditions or neither
  2. 2 Whether the Sale of Goods Act 1979 implied terms apply

Ratio Decidendi

Neither the Claimant's nor the Defendant's standard terms and conditions were incorporated into the contract. The parties never reached consensus on either set of terms, and their conduct and communications showed that both sides were aware of the other's refusal to accept the other's terms. The contract was therefore governed by the implied terms of the Sale of Goods Act 1979.

Court Disposition

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

Orders

  • The contract does not incorporate the Claimant's terms and conditions.
  • The contract does not incorporate the Defendant's terms and conditions.