The following two
cases are classic battle of the forms cases. They both show how classic
contract law is relevant and applicable to everyday business transactions.
British Road
Services Ltd v Arthur V Crutchley & Co Ltd (1968)
BRS
had, under a long established course of business, warehoused goods with AVC
(Arthur V Crutchley). When BRS's lorry drivers arrived at AVC's warehouse they
handed to AVC a delivery note which contained their standard terms of business;
these terms made the bailees, AVC, wholly liable for any loss of the goods
warehoused with AVC. Q This delivery note was An
offer
AVC on receiving a delivery note would stamp it "Received on
AVC conditions' and then hand it back to BRS's driver. AVC's terms contained a
condition limiting their liability to £800 per ton. Q This
delivery note was A counter offer
