suppliers for delivering there workstations later than contracted,
which in turn resulted in dodgy developers refurbishment being late
and thereby they suffered loss.
Dodgy developers had a contract with office supplies, which stated
that office supplies would deliver the workstations on Monday the 28th
of November. The contract was made over the phone and it can be
assumed that this contract was binding. After this contract was made
office supplies sent out there terms and conditions. On trying to
seek damages from office supplies for the workstations being late
resulting in loss, office supplies referred dodgy dealers to their
terms and conditions one of which stated that they would not be liable
for any losses or damage however caused.
However these terms can be considered void as dodgy developers
received them after the initial contract was made. In the text it says
as a result of the conversation i.e. the initial making of the
contract, office suppliers sent out there terms. It is the case that
any term not those just purporting to exclude or limit liability is
considered invalid if has not been incorporated into the contract. And
because the terms were sent out after the contract was formed they
cannot be consider to be incorporated into the contract. As a general
rule, an exemption clauses only incorporated int...
... middle of paper ...
incorporated into the contract. And the clause states that office
supplies are not liable for any damages caused to their products.
With regards to shifty shifters, the privity rule states that no third
party can sue or be sued in a contract, as they have no rights or
obligations within the contract as seen in Tweedle v Atkinson. As we
have already ascertained office supplies exclusion contract is valid
and so this exclusion clause also protects there sub contractors from
liability. The contract (rights of third parties) act 1999 enables
third parties to obtain the benefit of an exclusion clause in a
contract, if the contract states that its sub contractors will be
protected. Therefore shifty shifters are not liable as they are
protected by office supplies exclusion clause, which we have already
found is valid.
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