... March/April 1970." Before delivery, the sellers invoked the price variation clause and claimed £2,892 for the increase due to the rise in costs which had ensued. The buyers refused to pay this additional sum claiming they were not contractually bound to do so. The sellers accordingly sued the buyers for damages. The trial judge upheld the sellers claim on the ground that the sells terms were to prevail since they had stipulated this in the opening offer and subsequent negotiations were subject to that. The buyers however appealed which was upheld in the Court of Appeal. Although the court were unanimous in their decision that the contract which had been concluded was on the buyers terms and thus they were not contractually obliged to pay the additional sum by virtue of the price variation clause, the reasoning adopted varied. Under traditional contract law, it is common practice to determine the existence ...

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