22 Oct 2009
NIGHTINGALE & NIGHTINGALE V BARFOOT & THOMPSON LIMITED HC AK CIV-2009-404-004073
- Citation
- openlaw-3abdc5b9_165c_41bd_b8b9_49bdb913ab56.pdf
- Court
- High Court
Clause 11.1 was incorporated into the signed sale contract by reference to the general terms; the appellants had sufficient notice of the standard terms and knew such a clause existed; the appellants' signature bound them and constituted the required written appointment so the respondent was entitled to commission and could rely on the Contracts (Privity) Act 1982 as a designated third party; appeal dismissed.