This case is concerned with the offer and acceptance chapter in contract law
Facts of Tekdata interconnections v amphenol
Tekdatea used to sell items. And purchased harness connectors from amphenol. They were doing this business for quite some years now. One day tekdata sued amphenol for the breach of contract by saying that their latest delivery was late and was not of superior quality
To this amphenol argued that it was included in the terms of contract to exclude liability for such happenings. This exclusion clause was written in the amphenol terms of the purchase order
Tekdata said that the contract was formed on his terms which didn’t include any exclusion clause.
On whose terms did the contract was formed?
The court made the decision in the favour of amphenol . by saying that the tekdata purchase order was the initial offer, but when when the amphenol send his purchase order it was an counter offer to the original offer, Which means that the original offer was terminated
And Tekdata accepted that offer by accepting the delivery of the amphenol.
Important point of Tekdata interconnections v amphenol
This case up holds the decision in butler v Ex-cello corporation as we can see that the courts also applied the last shot rule in this case
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