453. Nicolene LD v Simmonds [1953] 1QB 543

Contract – formation – “usual conditions” incorporated by reference – no such “usual conditions” – contract still good

The Facts

The contract was concluded by an exchange of letters for the sale of steel reinforcing bars.

One letter contained the sentence “We are in agreement that the usual conditions of acceptance apply”.

There were no usual conditions of acceptance.

Findings

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