Butler Machine Tool v ExCellO corportation LLB1170 UOW Studocu

The plaintiffs, the Butler Machine Tool Co. Ltd., suppliers of a machine, on May 23, 1969, quoted a price for a machine tool of £75,535. Delivery was to be given in 10 months. On the back of the quotation, there were terms and conditions. One of them was a price variation clause.. Butler Machine Tool Co Ltd v Ex-Cell-O Corporation (England) Ltd [1979] 1 All ER 965. Court of Appeal The facts are set out in the judgement of Lord Denning MR. Lord Denning MR This case is a 'battle of forms'. The suppliers of a machine, Butler Machine Tool Co Ltd ('the sellers'), on 23 May 1969 quoted a price for a machine tool of £75,535.

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Butler Machine Tool v ExCellO corportation LLB1170 UOW Studocu

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1. This case is a "battle of forms" The suppliers of a machine, the Butler Machine Tool Company Ltd., on the 23rd May, 1969 quoted a price for a machine tool of £75,535. Delivery was to be given in 10 months. On the back of the quotation there were terms and conditions.. Butler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd [1979] 1 WLR 401 is a leading English contract law case concerning the formation of contracts when both parties use standard terms and conditions with conflicting terms. This "battle of the forms" case centered around the sale of a machine tool and the price variation clause included.