BATTLE OF THE FORMS: CONTRACT CONCLUDED ON NEITHER PARTY’S TERMS

In GHSP Incorporated v AB Electronic Ltd [2010] EWHC 1828 (Comm), [2010] All ER (D) 217 (Jul) Mr Justice Burton held that, although the parties had entered into a contract, the terms of the contract were not to be found in the parties’ respective standard terms of business. The negotiations between the parties made clear that neither party was willing to contract on the other’s terms. Rather than conclude that no contract had been entered into, he held that the terms of the contract were to be found in those terms implied into the contract by the Sale of Goods Act 1979.