Legal Notes from Alway Associates

Posted on November 21, 2011 by "Chirpy Chippy" There have been 0 comments

Contractual Status of Delivery Dockets

In Noreside Construction Ltd. v Irish Asphalt Ltd., [2011] IEHC 364, the issue was what were the terms of the supply contract between the parties, and the contractual status of the delivery dockets signed when aggregate was delivered to site.

Weighbridge Weighting

The court found that the delivery dockets were signed on behalf of the defendant by the weighbridge operator. He had not had the authority.

The delivery dockets had a contractual purpose in the sense of being a document used in the execution of the contract which came into existence on 26 March, 2003. They did not have contractual effect in the sense of making or varying a contract.

A Reasonable Man (or Woman)

No reasonable man nor any haulier or site operative signing a delivery docket on behalf of the claimant would have understood that his signing of the delivery docket potentially varied the terms of the contract already agreed according to which the aggregate was being supplied.

For more information

contact Alway Associates, Cardiff 02920 464612

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