In his latest Coffee Break Briefing, Insolvency expert, Malcolm Niekirk discuss Boardroom Bust-ups, exploring the processes involved and the practical solutions available.
Sorry. There is no clear answer. To set up a course of dealing, the supplier must show that the insolvent company did deal on the supplier’s terms on a number of previous occasions. If the supplier can set up a course of dealing, then you should treat their terms as incorporated into the contract.
But it takes skill and judgement to assess whether the previous transactions add up to a course of dealing. By all means, try to work it out for yourself, but be prepared to get a lawyer on your side before it gets nasty.
Is the advice that this supplier’s terms are incorporated into the sale contract?
If you have not taken advice, click 'yes' and continue to work your way through the flowchart assuming that there was a course of dealing and see if the claim is resolved later on as you work through the questions.
