Q&As

Is it sufficient from a contractual perspective to state that a copy of terms and conditions can be viewed elsewhere or are available on request?

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Published on LexisPSL on 22/02/2016

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

  • Is it sufficient from a contractual perspective to state that a copy of terms and conditions can be viewed elsewhere or are available on request?
  • 'Terms and conditions can be viewed at…'
  • 'Terms and conditions available on request'

To establish that express terms and conditions 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 and Parker v South Eastern Ry. 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.

A summary of this rule and related issues can be found in the following Practice Notes:

  1. Contract interpretation—express terms in contracts, and

  2. Contract interpretation—terms implied

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