Gordon Russell (UK) Ltd v Warwick

Gordon Russell (UK) Ltd v Warwick

The judge was entitled to find that the contract was formed upon the acknowledgment of order, incorporating the standard conditions of sale, and thus the payment term was as per those conditions, not as per the quotation signed by the client.

Parties
Claimant/respondent: Gordon Russell (UK) Ltd; Defendant/appellant: Warwick
Jurisdiction
England and Wales
Judgment Date
30 November 2006
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Formation of Contract, Interpretation of Contract Terms, Payment Terms
Contract Law Formation of Contract Interpretation of Contract Terms Payment Terms

Case Brief

Summary, issues, holding and outcome

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Parties

Gordon Russell (UK) Ltd

Claimant/respondent

Warwick

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the payment term in the contract was as per the standard conditions of sale or as per the quotation signed by the client
  2. 2 Whether the quotation constituted an offer or an invitation to treat

Ratio Decidendi

The judge was entitled to find that the contract was formed upon the acknowledgment of order, incorporating the standard conditions of sale, and thus the payment term was as per those conditions, not as per the quotation signed by the client.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed