Commentary

128.3 Other points to note about meaning of ‘written standard terms of business’

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

128.3 Other points to note about meaning of ‘written standard terms of business’

| Commentary

128.3 Other points to note about meaning of ‘written standard terms of business’

  1. 128.3.1

        There is no definition of ‘written standard terms of business’ in the Unfair Contract Terms Act 1977.

  2. 128.3.2

        If the parties have negotiated using standard terms and conditions prior to entering into a contract and amendments are made and agreed, it is a matter of fact as to whether a party has dealt on those standard terms and conditions1.

  3. 128.3.3

        The burden of proof is on the party that wishes to rely on the proposition that a contract is made on written standard terms of

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