Grayston Plant Ltd v Plean Precast Ltd [1976] ScotCS CSIH_2 (09 June 1976)

Grayston Plant Ltd v Plean Precast Ltd [1976] ScotCS CSIH_2 (09 June 1976)

The General Conditions, and in particular Clause 13, were not incorporated into the verbal contract because the pursuers did not take reasonable and sufficient steps to bring the existence and import of those conditions to the defenders' attention. Mere reference to the existence of General Conditions and their availability on request, without providing the terms or highlighting the indemnity clause, was insufficient notice, especially given the onerous nature of Clause 13.

Citation
[1976] ScotCS CSIH_2
Parties
Pursuer: Grayston Plant Ltd; Defender: Plean Precast Ltd
Jurisdiction
Scotland
Judgment Date
09 June 1976
Procedural Posture
Civil Appeal (reclaiming Motion) / Judgment After Proof and Appeal
Outcome
reclaiming motion refused; decree of absolvitor for defenders
Legal Topics
Incorporation of Terms, Course of Dealing, Reasonable Notice, Verbal Contracts, Standard Terms and Conditions
Contract Law Incorporation of Terms Course of Dealing Reasonable Notice Verbal Contracts Standard Terms and Conditions

Case Brief

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Parties

Grayston Plant Ltd

Pursuer

Plean Precast Ltd

Defender

Procedural Posture

Civil Appeal (reclaiming Motion) / Judgment After Proof and Appeal

Legal Issues

  1. 1 Whether the General Conditions for the Hiring of Plant, particularly Clause 13, were incorporated into the verbal contract of hire between the parties by virtue of a prior course of dealing.
  2. 2 Whether sufficient and reasonable notice of the General Conditions was given to the defenders to justify their incorporation into the contract.

Ratio Decidendi

The General Conditions, and in particular Clause 13, were not incorporated into the verbal contract because the pursuers did not take reasonable and sufficient steps to bring the existence and import of those conditions to the defenders' attention. Mere reference to the existence of General Conditions and their availability on request, without providing the terms or highlighting the indemnity clause, was insufficient notice, especially given the onerous nature of Clause 13.

Court Disposition

reclaiming motion refused; decree of absolvitor for defenders

Orders

  • Repel the pursuers' pleas-in-law.
  • Uphold the defenders' pleas-in-law.