Machenair Ltd v Gill and Wilkinson Ltd (Record no. 76069)

MARC details
000 -LEADER
fixed length control field 01915cab a2200181 4500
001 - CONTROL NUMBER
control field ##L131409
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 051031n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u131409
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Machenair Ltd v Gill and Wilkinson Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWHC 445 14 March 2005. Considered whether a company's standard conditions were incorporated into a contract by a note at the bottom of purchase orders. M sought to recover from G the outstanding balance due on a refurbishment project. G had engaged M as sub-subcontractor to carry out mechanical work on the project. Delays occurred, and when M submitted an invoice to G for payment of the works it had carried out, G refused to pay, and counterclaimed against M to recover damages for the delay. G argued that a note at the bottom of the purchase orders incorporated its standard conditions into the contract. M contended that they had not been so incorporated because the relevant wording on some of the orders had been substantially obliterated by the fax header. "Held": G had not sent hard copies of the purchase orders to M, and had relied on the faxes. The obliteration by the fax header was so substantial that M could not reasonably be expected to decipher the wording beneath. In any event, the words at the bottom of the purchase orders were not sufficient to incorporate G's standard conditions into the sub-subcontract. G's counterclaim failed as M had completed its work within a reasonable time, although M should pay half G's costs for clearing and removing rubbish from site.
590 ## - LOCAL NOTE (RLIN)
Local note IKA081105
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MACHENAIR LTD V GILL AND WILKINSON LTD
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element BUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/445.html">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/445.html</a>
Public note View the judgment free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 31/10/2005   ONLINE PUBLICATION 131409-2001 06/08/2019 1 06/08/2019 Law report