Tullis Russell & Co Ltd v Eadie Industries Ltd [2001] ScotCS 215 (31 August 2001)

Tullis Russell & Co Ltd v Eadie Industries Ltd [2001] ScotCS 215 (31 August 2001)

The court found that a contract was formed by the pursuers' written purchase order, which incorporated their own standard terms and conditions. The defenders' actings in negotiating payment terms and supplying goods constituted acceptance. The pursuers' conditions applied to the contract, not the defenders'.

Citation
[2001] ScotCS 215
Parties
Pursuer: Tullis Russell & Company Limited; Defender: Eadie Industries Limited
Jurisdiction
Scotland
Judgment Date
31 August 2001
Procedural Posture
Commercial Contract Dispute / Preliminary Proof Before Answer
Outcome
Declarator granted in favour of pursuers
Legal Topics
Formation of Contract, Battle of the Forms, Choice of Law, Terms and Conditions, Offer and Acceptance
Contract Law Commercial Law Formation of Contract Battle of the Forms Choice of Law Terms and Conditions Offer and Acceptance

Case Brief

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Parties

Tullis Russell & Company Limited

Pursuer

Eadie Industries Limited

Defender

Procedural Posture

Commercial Contract Dispute / Preliminary Proof Before Answer

Legal Issues

  1. 1 Whether a binding contract was formed between the parties and on what terms
  2. 2 Which party's standard terms and conditions were incorporated into the contract
  3. 3 Whether oral communication of an order number constituted acceptance

Ratio Decidendi

The court found that a contract was formed by the pursuers' written purchase order, which incorporated their own standard terms and conditions. The defenders' actings in negotiating payment terms and supplying goods constituted acceptance. The pursuers' conditions applied to the contract, not the defenders'.

Court Disposition

Declarator granted in favour of pursuers

Orders

  • It is declared that the contract was made in terms of the pursuers' purchase order and their standard terms and conditions.
  • The defenders' terms and conditions do not apply to the contract.