ABSTRACT
Dillon LJ: There was never any oral discussion of terms between the parties before the contract was made. In particular, there was no discussion whatever of terms in the original telephone conversation when Mr Beeching made his preliminary inquiry. The question is therefore whether Condition 2 was sufficiently brought to the defendants’ attention to make it a term of the contract which was only concluded after the defendants had received, and must have known that they had received the transparencies and the delivery note.
