British Crane Hire Corpn Ltd v Ipswich Plant Hire Ltd (1975) QB 303, (1974) 1 All ER 1059, CA
Both parties operated in the machinery business. The defendant hired a crane from the plaintiff on the phone. The document sent with it stipulated that the defendants were liable for all damage to the crane. Before the defendant signed the contract the crane sank.
It was held that as both parties were in business and they knew that the crane was only let out on those terms that the clause was effectively incorporated.
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