MULTIPLE TERMS AND CONDITIONS, REPUDIATION AND BREACH OF CONTRACT

Tombs v Wilson Connolly Ltd [2004] All ER (D) 342 (Nov)

In Tombs v Wilson Connolly Ltd [2004] All ER (D) 342 (Nov) Judge Peter Coulson QC held that an additional set of terms and conditions sent after an acceptance slip attached to a first set of terms and conditions had been returned was of no contractual significance. He also held that the sub-contractor’s withdrawal of performance on the basis of the main contractor’s failure to make an interim payment was not justified and amounted to an unlawful repudiation of the contract between the parties. Finally, Judge Coulson also awarded the main contractor damages in respect of various instances of defective work by the sub-contractor.