ABSTRACT
A very common source of legal controversy is usually generated by a situation of conflict between terms stipulated in the sale contract and clauses enshrined into standard contracts and invoked by the original sale agreement. Disputes frequently arise because of something which happens in the performance of a contract; however, their resolution frequently depends on what is said in the contract itself and on the formation of the contract. The sellers contract form stated at the bottom "Important – Please sign date and return this document". The signature of the purchaser's employee on the delivery note had no contractual effect; it was not a contractual document and was only required for the purpose of confirming the quantity and description of the goods delivered. The court held, on the evidence, that the defendant seller (DL)'s sales and delivery conditions had not been incorporated into the contract, as DL's faxed acknowledgment of order was not a counter offer.
