Rooney & Anor v CSE Bournemouth Ltd
The words 'terms and conditions available upon request' in the context of the work order and the contractual framework are reasonably capable of being interpreted as incorporating CSE's standard terms and conditions into the contract. The construction advanced by CSE is at least reasonably arguable and more likely on the present material.
- Parties
- Appellants: Rooney and Another; Respondent: CSE Bournemouth Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 09 June 2010
- Procedural Posture
- Civil Appeal / Appeal From High Court (commercial Division)
- Outcome
- Appeal allowed
- Legal Topics
- Incorporation of Terms, Interpretation of Contractual Documents
Case Brief
Summary, issues, holding and outcome
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Parties
Rooney and Another
Appellants
CSE Bournemouth Limited
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court (commercial Division)
Legal Issues
- 1 Whether the words 'terms and conditions available upon request' in a work order were sufficient to incorporate the contractor's standard conditions of trading into the contract
Ratio Decidendi
The words 'terms and conditions available upon request' in the context of the work order and the contractual framework are reasonably capable of being interpreted as incorporating CSE's standard terms and conditions into the contract. The construction advanced by CSE is at least reasonably arguable and more likely on the present material.
Court Disposition
Appeal allowed
Orders
- Appeal allowed; paragraphs of the defence struck out by the High Court are reinstated.
Full Case Text
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