BDW Trading Ltd v Lantoom Ltd [2023] EWHC 183 (TCC) (03 February 2023)

BDW Trading Ltd v Lantoom Ltd [2023] EWHC 183 (TCC) (03 February 2023)

The contract between BDW and Lantoom was formed on BDW's standard terms as incorporated by reference in the purchase order, which Lantoom accepted by commencing supply. The delivery note did not constitute a counter-offer or alter the contract terms. Lantoom's representations as to the stone's nature and suitability, and the subsequent failure of the stone, constituted breaches of contract and actionable misrepresentation. BDW is entitled to remedies for breach.

Citation
[2023] EWHC 183 (TCC)
Parties
Claimant: BDW Trading Limited; Defendant: Lantoom Limited
Jurisdiction
England and Wales
Judgment Date
03 February 2023
Procedural Posture
TCC Commercial Claim / Post Trial Judgment on Liability
Outcome
Judgment for the Claimant on liability
Legal Topics
Contract Formation, Standard Terms Incorporation, Misrepresentation, Sale of Goods Act 1979, Fitness for Purpose, Satisfactory Quality, Remedies for Breach, Expert Evidence
Contract Law Commercial Law Construction Law Contract Formation Standard Terms Incorporation Misrepresentation Sale of Goods Act 1979 Fitness for Purpose +3 more

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Parties

BDW Trading Limited

Claimant

Lantoom Limited

Defendant

Procedural Posture

TCC Commercial Claim / Post Trial Judgment on Liability

Legal Issues

  1. 1 Whether BDW's standard terms were incorporated into the contract
  2. 2 Whether Lantoom made actionable misrepresentations as to the nature and suitability of the stone
  3. 3 Whether the stone supplied was of satisfactory quality and fit for purpose under the Sale of Goods Act 1979

Ratio Decidendi

The contract between BDW and Lantoom was formed on BDW's standard terms as incorporated by reference in the purchase order, which Lantoom accepted by commencing supply. The delivery note did not constitute a counter-offer or alter the contract terms. Lantoom's representations as to the stone's nature and suitability, and the subsequent failure of the stone, constituted breaches of contract and actionable misrepresentation. BDW is entitled to remedies for breach.

Court Disposition

Judgment for the Claimant on liability

Orders

  • Declaration that contract was on BDW's standard terms
  • Finding of breach of contract and misrepresentation by Lantoom