Tekdata Interconnections Ltd v Amphenol Ltd [2009] EWCA Civ 1209 (19 November 2009)

Tekdata Interconnections Ltd v Amphenol Ltd [2009] EWCA Civ 1209 (19 November 2009)

The traditional offer and acceptance analysis applies in this 'battle of forms' case; the contract is on the terms of Amphenol's acknowledgement, as there was insufficient evidence to displace this analysis by reference to the parties' conduct or long-term relationship.

Citation
[2009] EWCA Civ 1209
Parties
Respondent: TEKDATA INTERCONNECTIONS LTD; Appellant: AMPHENOL LTD
Jurisdiction
England and Wales
Judgment Date
19 November 2009
Procedural Posture
Civil Appeal / Appeal From Birmingham Mercantile Court, Preliminary Issue on Contract Terms
Outcome
Appeal allowed
Legal Topics
Battle of Forms, Offer and Acceptance, Contract Formation, Terms and Conditions
Contract Law Commercial Law Battle of Forms Offer and Acceptance Contract Formation Terms and Conditions

Case Brief

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Parties

TEKDATA INTERCONNECTIONS LTD

Respondent

AMPHENOL LTD

Appellant

Procedural Posture

Civil Appeal / Appeal From Birmingham Mercantile Court, Preliminary Issue on Contract Terms

Legal Issues

  1. 1 Whether the traditional offer and acceptance analysis applies in a 'battle of forms' scenario between Tekdata and Amphenol
  2. 2 Whether the conduct and long-term relationship of the parties can displace the traditional analysis so that Tekdata's terms apply instead of Amphenol's

Ratio Decidendi

The traditional offer and acceptance analysis applies in this 'battle of forms' case; the contract is on the terms of Amphenol's acknowledgement, as there was insufficient evidence to displace this analysis by reference to the parties' conduct or long-term relationship.

Court Disposition

Appeal allowed

Orders

  • It is declared that the terms and conditions of Amphenol Ltd apply to the contracts contained in or evidenced by the purchase orders referred to in the Particulars of Claim.