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Example The sale of a product development assignment was
confirmed to the consultant by a formal order that contained the
client's terms of business on the back. The consultant did not
respond to this. During the project the client asked if the consultant
could suggest possible suppliers of a certain component, which the
consultant did, based on familiarity with the field and a desire to
be helpful. The supplier failed to deliver, which ultimately delayed
the product launch. The client endeavoured to recover the costs of
this from the consultant, on the grounds that the consultant had
recommended the supplier and the client's terms of business made
the consultant liable for consequential damages. Although the case did
not go to court, the dispute proved very expensive for the consultant.
Selling
Section 4