Noreside Construction Ltd v. Irish Asphalt Ltd [2011] IEHC 364 (4 October 2011)

High Court (Finlay Geoghegan J) finds: a) that a contract between the plaintiff and the defendant did not include terms and conditions in purchase order or other document; b) that there was no implied limitation on the defendant’s liability for defective products; and c) that there was an implied condition of merchantable quality under the sale of goods legislation. (Full text.)

Contract law – issue arising in modular trial – Commercial Court – building contract – incorporation of terms into contract by signature, reasonable notice or course of dealing – whether delivery documents had the effect of varying the initial contract – whether signatories of delivery dockets had authority to negotiate or agree any contractual terms – incorporation of terms into contract by custom – s. 14(2), Sale of Goods Act 1893, as inserted by s. 10, Act of the Sale of Goods and Supply of Services Act 1980 – merchantable quality – implied term.

Curtis v. Chemical Cleaning and Dyeing Company [1951] 1 K.B. 805
McMeel, ‘Construction of Contracts’ (2nd Ed.) Oxford University Press 2011, at paragraph 15.53
L’Estrange v. Graucob [1934] 2 K.B. 394
Grogan v. Robin Meredith Plant Hire [1996] C.L.C 1127
Bahamas Oil Refining Co v Kristiansands Tankrederie A/S (‘The Polyduke’) [1978] 1 LI Rep 211
Continental Tyre and Rubber Company Ltd. v. Trunk Taylor Company Ltd. [1985] S.C. 163
Circle Freight v. Medeast [1988] 2 Lloyd’s 427
Vitol S.A. v. Phibro Energy AG, the Maturaki [1990] 2 Lloyd’s Report 84
O’Reilly v. Irish Press [1937] 71 ILTR 194
McCarthy v. Health Service Executive [2010] IEHC 75
James Elliott Construction Limited v. Irish Asphalt Limited [2011] IEHC 269