Q&As

Are standard terms and conditions of contract effectively incorporated into a contract where they are available on a website and a contracting party has been referred to them by the other but fails to read them?

read titleRead full title
Published on LexisPSL on 27/02/2018

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Are standard terms and conditions of contract effectively incorporated into a contract where they are available on a website and a contracting party has been referred to them by the other but fails to read them?

For the purposes of this Q&A, it is assumed this is a business-to-business contract.

To establish that express terms and conditions (T&Cs) have been incorporated into a contract, the party seeking to rely on them must show that it has done what is reasonably sufficient to give the other party notice of them: Thornton v Shoe Lane Parking Ltd. This will be a question of fact in each case.

The more onerous or unusual the terms, the more that needs to be done to bring them to the notice of the other party: Interfoto Picture Library v Stiletto Visual Programmes. See Practice Note: Express and implied terms in contracts.

It is essential, when dealing with T&Cs, that one party's T&Cs are brought to the attention of the other if they are to be effectively incorporated into a contract. See Practice Note: Standard terms and conditions—incorporation.

As a matter of law, it is po

Related documents:

Popular documents