The following Commercial Q&A provides comprehensive and up to date legal information covering:
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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.