Grogan v Robin Meredith Plant Hire [1996] CLJ 427

Plaintiff entered an agreement with Defendant to hire Defendant’s driver. Defendant’s manager was given time sheets to sign, displaying the amount of time Defendant’s driver had worked and hence how much Plaintiff owed Defendant.

However at the bottom of the sheet, there was an assertion that the hire was according to Plaintiff’s terms. Under Plaintiff’s terms Defendant was liable for all accidents, vehicle problems etc.

CA ruled that although Defendant signed the time sheets, Plaintiff’s terms could not be construed as becoming part of the original contract.

The question was whether the document signed was one which a reasonable man would expect to contain, relevant contractual conditions. For this the nature and function of the document was taken into account.

• In this case the document was supposed to have a merely “administrative purpose” (Auld LJ) so that the amount owed could be worked out.