Harvey Shopfitters Ltd v ADI Ltd [2003] TCC

An issue was raised as to whether the IFC Sectional Completion Supplement was imported into the agreement. Whether or not it was accepted did not affect the nature of the agreement nor determine whether or not the IFC Conditions were part of the Contract. The appropriate approach to the issues is as follows: the Courts now adopt a practical approach to whether and what agreement should be upheld; niceties which might on a more traditional approach have been regarded as precluding agreement will not now be so regarded unless essential to the basis of the agreement; this is the more so where the contract has been fully performed.

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