Contract Law!!?

Question

Hello, i am doing an assignment where i have to explain offer and acceptance, and within it is the case of Butler Machine Tool v Ex Cell O Corp Ltd 1979. It has a price escalation clause in the terms of the contract, which were disputed. I need to know what law or case (other than butler) has price escalation clauses in. i need more info on them. please only uk law/cases

Answer 1

Without knowing your question, it's hard to say, but the ratio in Butler Machine Tool v Ex-Cell-O wasn't to do with price escalation clauses in particular, but rather how the mechanics of offer and acceptance can be applied to that particular situation. I think the term mentioned was "battle of the forms".

Because the price escalation clause appeared on one form but not on the other, it was disputed as to whether it was part of the contract. In the end it was decided that the escalation clause was part of the contract, since it was on the last form proferred.

The important part of the judgement is where Lord Denning recognises that there are failings in the traditional use of offer and acceptance fails in some situations, and the most important thing is to ascertain whether complete agreement was reached at any point.

Answer 2

You can go to a law library and check under topic indexes for those types of clauses -- they will list cases that apply.

Or, I'm sure the UK has some equivalent of Shephards of KeyCite -- a way to check whether a case is still good law, by listing the other cases that have referenced it.

Answer 3

some say that touch is the source of all regulation. a settlement is composed of provisions agreed to via the events and implied provisions in line with custom regulation for that variety of settlement.