Q&As

Will there be any ramifications where, despite specifically stating they would be incorporated and available upon request, a party who, at the time of signing an amended order, has not been provided with the general terms and conditions or master service schedule?

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Published on LexisPSL on 23/06/2016

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

  • Will there be any ramifications where, despite specifically stating they would be incorporated and available upon request, a party who, at the time of signing an amended order, has not been provided with the general terms and conditions or master service schedule?
  • Available by 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 Show 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.

In this regard, see Practice Note: Contract interpretation—express terms in contracts, which considers the distinction between express and implied terms and issues of their incorporation. In particular, in relation to implied terms whether they be implied by fact, law or custom and the test for the implication of terms identified by the Supreme Court in Marks and Spencer v BNP Paribas.

Available by request

The words 'available by request' may also be sufficient to incorporate terms an

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