''Henry Kendall Ltd v William Lillico Ltd''

969 Year 969 ( CMLXIX) was a common year starting on Friday (link will display the full calendar) of the Julian calendar, the 969th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 969th year of the 1st millennium, the 69th ...

2 AC 31 is an

English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...

case concerning the incorporation of contract terms through a course of dealings.

Facts

Animal food was sold by merchants to a farmer. It was defective. The merchants brought in suppliers, and they in turn brought in their suppliers, a long chain. (hence also '' Hardwick Game v Suffolk Agricultural Poultry Producers Association''). Purchases three or four times a month had happened for three or so years, and each time, a sold note followed, which said the buyer took responsibility for any latent defects. The buyers had never read the note.

Judgment

The House of Lords held that a reasonable seller in the circumstances would have had good cause to assume that the buyer agreed to the term, hence rejecting

Lord Devlin Patrick Arthur Devlin, Baron Devlin, PC, FBA (25 November 1905 – 9 August 1992) was a British judge and legal philosopher. The second-youngest English High Court judge in the 20th century, he served as a Lord of Appeal in Ordinary fro ...

’s ''McCutcheon'' dicta that previous dealings needed to prove actual knowledge.

Notes

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References

* English incorporation case law 1969 in United Kingdom case law House of Lords cases

Facts

Judgment

See also

Notes

References