Jonathan Wren & Co. Ltd, Jonathan Wren Executive Ltd v. Microdec Plc [1999] EWHC Technology 218 (5th July, 1999)

Jonathan Wren & Co. Ltd, Jonathan Wren Executive Ltd v. Microdec Plc [1999] EWHC Technology 218 (5th July, 1999)

The contract for the provision of Profile 2000 was concluded between Microdec PLC and Wren Executive by transmission of the signed quotation and deposit cheque. The defendants' standard terms and conditions were not incorporated due to lack of compliance with their own requirements for signature and communication. There was no collateral contract between Microdec PLC and Wren & Co. The material terms included implied terms for satisfactory quality, fitness for purpose, reasonable skill and care, and performance within a reasonable time, but not for increased productivity or profitability. Wren & Co. has no claim against the defendants.

Citation
[1999] EWHC Technology 218
Parties
First Claimant: Wren & Co.; Second Claimant: Wren Executive; Defendant: Microdec PLC
Jurisdiction
England and Wales
Procedural Posture
Trial of Preliminary Issues / Judgment
Outcome
Judgment for the defendants against the first claimants; first claimants have no claim.
Legal Topics
Standard Terms, Collateral Warranty, Contract Formation, Implied Terms
Contract Law Standard Terms Collateral Warranty Contract Formation Implied Terms

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Parties

Wren & Co.

First Claimant

Wren Executive

Second Claimant

Microdec PLC

Defendant

Procedural Posture

Trial of Preliminary Issues / Judgment

Legal Issues

  1. 1 How was the contract for the provision to Wren Executive of the Microdec Profile 2000 system concluded?
  2. 2 Were the Defendant's standard terms and conditions incorporated into the contract?
  3. 3 What were the material terms of the contract?

Ratio Decidendi

The contract for the provision of Profile 2000 was concluded between Microdec PLC and Wren Executive by transmission of the signed quotation and deposit cheque. The defendants' standard terms and conditions were not incorporated due to lack of compliance with their own requirements for signature and communication. There was no collateral contract between Microdec PLC and Wren & Co. The material terms included implied terms for satisfactory quality, fitness for purpose, reasonable skill and care, and performance within a reasonable time, but not for increased productivity or profitability. Wren & Co. has no claim against the defendants.

Court Disposition

Judgment for the defendants against the first claimants; first claimants have no claim.

Orders

  • Judgment entered against Wren & Co.
  • No order as to collateral contract.