Commentary

128.2 Non-exhaustive list for deciding whether provisions of contract are ‘written standard terms of business’

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

128.2 Non-exhaustive list for deciding whether provisions of contract are ‘written standard terms of business’

| Commentary

128.2 Non-exhaustive list for deciding whether provisions of contract are ‘written standard terms of business’

Although in every case it will be a question of fact and degree whether the terms and conditions finally agreed were standard terms of business, the following will be of assistance as guidelines:

  1. 128.2.1

        the degree to which the ‘standard terms’ are considered by the other party as part of the process of agreeing the terms of the contract;

  2. 128.2.2

        the degree to which the ‘standard terms’ are imposed on the other party by the party putting them forward;

  3. 128.2.3

        the relative bargaining power

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