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Nicolene Ltd v Simmonds (1953) Court of Appeal
The plaintiffs proposed to purchase 3,000 tons of steel reinforcing bars from the defendant. The pricing and dimensions of the bars were established. The defendant's letter of acceptance stated: "As you have directed the order to me, I cannot confirm using my standard printed form, which includes the typical force majeure and war clauses; however, I presume we concur that the standard conditions of acceptance are applicable." The plaintiffs initiated legal action against the defendant for breach of contract due to the defendant's failure to fulfill delivery as stipulated in the agreement, while the defendant contended that no binding contract existed. A binding contract was determined to exist. The phrase 'the customary terms of acceptance apply' was devoid of significance but could be detached from the remainder of the contract and disregarded. The statements were devoid of significance as the defendant lacked a printed document or any customary stipulations. He was alluding to the structure and stipulations of a limited business with which he was affiliated. According to Denning LJ:
The plaintiffs proposed to purchase 3,000 tons of steel reinforcing bars from the defendant. The pricing and dimensions of the bars were established. The defendant's letter of acceptance stated: "As you have directed the order to me, I cannot confirm using my standard printed form, which includes the typical force majeure and war clauses; however, I presume we concur that the standard conditions of acceptance are applicable." The plaintiffs initiated legal action against the defendant for breach of contract due to the defendant's failure to fulfill delivery as stipulated in the agreement, while the defendant contended that no binding contract existed. A binding contract was determined to exist. The phrase 'the customary terms of acceptance apply' was devoid of significance but could be detached from the remainder of the contract and disregarded. The statements were devoid of significance as the defendant lacked a printed document or any customary stipulations. He was alluding to the structure and stipulations of a limited business with which he was affiliated. According to Denning LJ:
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