Tekdata Interconnections Ltd v Amphenol Ltd (2009) clarified the "battle of the forms" in contract law. The court reaffirmed the importance of the "last shot" rule, holding that the final set of terms exchanged and accepted governs the contract, reinforcing predictability in commercial contracts.
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🏛️ Court: Court of Appeal (Civil Division) 🗓️ Judgment Date: 19 November 2009 🗂️ Where Reported: [2009] EWCA Civ 1209; [2010] 2 All E.R. (Comm); 302 [2010] 1 Lloyd's Rep. 357 📍 Jurisdiction: United Kingdom
⚖️ Legal Principles
1️⃣
Traditional Offer and Acceptance: The case reaffirmed that the traditional analysis of offer and acceptance should generally apply in commercial disputes unless the conduct and documents clearly establish a mutual intention to deviate from this rule. Contracts typically form on the terms of the last document exchanged before acceptance.