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Poseidon Freight Forwarding Co. Ltd. -v- Davies Turner Southern Ltd.

8th Feb 1996

[1996] 2 Lloyd’s Rep. 388

Stephen Kenny acted in a matter where The Court of Appeal held that reasonable notice of trading conditions had been given, albeit that the terms, referred to on the face of documents as printed on the reverse, were not transmitted by fax.

Contract – Freightforwarding – Standard terms – Incorporation – Defendants misdelivered goods – Plaintiffs claimed against defendants – Whether defendants’ standard terms incorporated by means of documents transmitted or by course of dealing – Whether defendants could rely on limitation of time clause in standard terms.

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