Commentary

128.1 Meaning of ‘written standard terms of business’

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

128.1 Meaning of ‘written standard terms of business’

| Commentary

128 Issues arising from the Unfair Contract Terms Act 1977 Section 3

128.1 Meaning of ‘written standard terms of business’

The following can amount to ‘written standard terms of business’1:

  1. 128.1.1

        a printed form containing the terms and conditions on which one party offered to undertake a particular class of business, where those terms and conditions were produced specifically for a particular party2;

  2. 128.1.2

        a contract where some of the provisions are individually negotiated (such as price, quality)3;

  3. 128.1.3

        a contract where the party who has received the other party’s standard terms and conditions has been able to negotiate, and get

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