P entered an agreement with D to hire D’s driver. D’s manager was given time sheets to sign, displaying the amount of time D’s driver had worked and hence how much P owed D. However at the bottom of the sheet, there was an assertion that the hire was according to P’s terms. Under P’s terms D was liable for all accidents, vehicle problems etc. CA ruled that although D signed the time sheets, P’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.
