Was there a consistent course of dealing? Spurling v Bradshaw
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regular dealings and the contract was often sent a few days later, the clause as valid.
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Was there a recognised trade practise? British Crane Hire Corporation Ltd v Ipswich Plant Hire Ltd
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time they had used this company, the clause was incorporated, since they were in the same business of hiring and selling equipment, therefore they used the same terms and conditions.
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COMMON LAW CONTROLS: CONSTRUCTION
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Andrews and Singer
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is breached, as well as statute law e.g. sale of goods act (goods must match their description)
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Can an exclusion exclude negligence?
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What does White v John Warwick & co Ltd [1953] show?
