Rinaldi & Patroni Pty Ltd v Precision Mouldings Pty Ltd

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Citation: (1986) WAR 131 This information can be found in the Casebook: Paterson, Robertson & Duke, Contract: Cases and Materials (Lawbook Co, 11th ed, 2009), pp. 369-70

Contents

Background facts

  • Appellants provided transportation services for the Respondent's goods.
  • The parties had previous dealings, performing the same services under the same contracts nine or ten times.
  • In every previous dealing, a 'cart note' containing the price also contained the terms and conditions on its reverse side.
    • Condition 5 protects the Appellants from a claim for damage done to the goods by the negligence of the Appellants or their associates.

Legal issues

Judgment

  • The courts note that for documents to be considered 'a course of dealings', they needs to be reasonably considered as contractual in nature.
  • The cart notes in this case were not considered contractual documents, and therefore the previous use of them could not amount to previous dealings in a way which allows for incorporation of further terms.

References

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