Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1989]

Facts

  • 47 photo slides were sent by the claimant to the defendant, with an accompanying set of terms and conditions
  • Upon late return of the slides, the claimants sent out an invoice for ~£4,000 in accordance with the sent terms and conditions, which the defendants refused to pay

Issue

  • Could the claimants enforce payment? Was the term for late payment incorporated into the contract?

Decision

  • No incorporation, reasonable (and much lower) damages awarded

Reasoning

  • The terms and conditions generally formed part of the contract, as the contract was not concluded until the defendants accepted the slides
  • The particular term on the sheet was onerous and not reasonable, therefore it would need to be highlighted to the defendant as being much more important than the others. Reasonable notice requirements are increased for onerous terms.
RELATED CASE  Herne Bay Steamship v Hutton [1903]

Posted in Contract Law Revision Notes.

This page was last updated on 28th April 2014

© 2020 Webstroke Law - Terms and Privacy Policy