British Crane Hire Corporation Ltd. v Ipswich Plant Hire Ltd
A contract was agreed, by telephone, for a hire
of a crane. A written document was sent and arrived subsequently.A clause in
the written document stated that the hirer was responsible for the recovery of
the crane. The crane sank in marshy grounds with neither party to blame.The
hirers claimed that the clause in the document was inapplicable as it was
communicated after the contract had been made and was thus not
incorporated.Because it is the custom and practice in the plant hire industry
for the hirer to be responsible, the hirer was responsible in this case