Pritchard v Trius Constructions Pty Ltd & Anors [2011] NSWSC 749Author : Paul Spezza, Partner and Justin Carroll, Solicitor

Public and Products Liability

Wotton + Kearney recently acted for Trius in a case which considered the requirements for terms and conditions to be incorporated into an oral contract in circumstances where a party sought to rely on those terms in order to avoid liability for its own negligence.  The Court held that Oceanic’s failure to take steps to bring the terms to Trius’ attention was fatal to Oceanic’s claim that they be incorporated into the contract. As a basic rule, in order to effectively incorporate separate terms and conditions into an oral contract, the party seeking to incorporate them will generally be required to have taken positive steps to notify the other party of the existence and availability of the terms.

For more information about this case, please contact Paul Spezza, Partner in our Sydney office.