Battle of the Forms Flashcards
British Road Services Ltd v Arthur V Crutchley & Co Ltd [1968]
Silence usually cannot amount to acceptance, but courts were influenced here by fact they had been doing business like this for 15 years. So, the ‘last shot had been fired’ with the last “received on buyers terms” stamp.
Butler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd [1979]
Despite inserting a clause stating that their terms would prevail, the last shot rule still applied. COA held the contract did not include the price variation clause. When the D signed and sent, it was not acceptance but a counter offer.
Photolibrary Group Ltd v Burda Senator [2008]
Delivery was offer, taking photos and using them was acceptance. Conduct was treated as acceptance since they were trading for a long time like this. Therefore when dispute arose concerning the last shot it was easily resolved.
