British Road Services V Arthur V Crutchley & Co Ltd
To form a contract there are some rules which have to be fulfilled before forming a contract and these are the basic requirements to form a contract.
An agreement: held between two parties one give the offer and the other accept it.
An intention: an agreement in which you are legally bound.
Certainty: according to the terms of agreement
Capacity: to form a contract
Consideration: provided between both parties and it is the exchange of something. The key elements of contract are as follows:
Offer: …show more content…
That’s the official acceptance.
Battle of the forms:
It is held when one party of the agreement send its terms to the other party and they reply a form which is stated about their terms. These new terms about that offer are termed as counter offer and the battle of forms arises. The general rule for such cases is the “ last shot” will win the battle.
“British Road Services v Arthur V Crutchley & Co Ltd (1968)”
The BRS delivered whisky to defendants for some storage. The BRS clears its company’s carriage condition by a delivery note. The cruthley’s employee receives the note and stamped it and give it back. That is the counter offer from the which is held by court so that’s why the contract is under the conditions of Arthur V Crutchley & Co Ltd rather than BRS.
Consideration means the exchange of something from both the parties in the contract. Both parties should give and receive valuable exchange for the performance of the contract.
Terms of contract:
There are some terms of Contract when the formation of contract is