CSR Ltd v Tanco Kimpex Export Corp P/L & Anor

[2003] QCA 568

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Contract
2. › Formation
3. › Partly written and partly oral contracts
4. › Purchase orders as offers
5. › Whether terms of purchase order accepted by conduct
6. › Whether condition in purchase order modified by subsequent inspection and acceptance of goods
1. Contract
2. › Construction and interpretation
3. › Implied terms
4. › Surrounding circumstances
5. › Objective intention of parties
6. › Whether literal terms of written document formed part of contract where inconsistent with prior negotiations and subsequent conduct
7. › Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337

Quick Take

Where a buyer issues a purchase order containing quality specifications but subsequently inspects goods that do not meet those specifications and declares satisfaction with the quality, the quality specifications in the purchase order do not form part of the resulting contract. The contract is for goods of the quality inspected and accepted.