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Transformers & Rectifiers Ltd V Needs Ltd Essay

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As you requested, the following is the proposed test of my article, based on the case of Transformers & Rectifiers Ltd v Needs Ltd [2015] EWCA 269 (TCC). "Incorporation, Incorporation, Incorporation: how to ensure that your standard terms and conditions govern a transaction." A brief outline of the facts of the case Transformers & Rectifiers Ltd (Claimant) and Needs Ltd (Defendant) were in a commercial relationship since the mid-1990 's. During that period both parties deal in numerous transactions on almost a weekly basis. However, the Claimant 's was inconsistent in its method of placing orders. Sometimes orders were placed by fax, sometimes as a pdf attached to an email and occasionally by post. The particular contention between the parties is the two contracts for the purchase of nitrile gaskets that were entered into by the Claimant in March 2012 and February 2013. It is alleged that the gaskets supplied by the Defendant were unsuitable for their purpose and not in accordance with the contract. Both the Claimant and the Defendant claimed their terms and conditions applied to the order. The Claimant says it terms and conditions were printed on the back of the purchase orders, though there was no reference to the terms and conditions on the face of the purchase orders, that the Defendant has knowledge of its terms and conditions on the back of its purchase orders through their previous dealings. The Defendant also claimed that its terms and conditions were referred to

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