In dealing with battle of the forms, a traditional contract analysis should...
G was a long-term supplier to Rolls Royce. G bought items from B, which in turn bought components from S. The relationships had been in place for many years. Over the years, G had required B to obtain...
View ArticleApple agrees to change Terms and Conditions to comply with consumer contracts...
Apple Inc has agreed to the Office of Fair Trading’s request to change its terms and conditions in order to comply with the Unfair Terms in Consumer Contracts Regulations 1999. The 1999 Regulations...
View ArticleApplicability of jurisdiction clause by reference needs to be absolutely...
This case had complex facts and several parties involved, but the main players were AEL (a liner carrier between Africa and Europe), Socofi (a French fruit importer) and DAM (a fruit grower in Africa)....
View ArticleUS court says online terms and conditions enforceable even without having to...
A US court has ruled that online terms and conditions could be enforceable even where the user did not have to do something specific to show that she had read them. In this particular case, Victoria...
View ArticleThe Sky’s the limit – an IT case affecting any type of goods or services...
After 7 years in the legal arena, including 110 days in the courtroom, Sky has finally proved fraud against EDS. On 26 January 2010, the Technology and Construction Court in London ruled that EDS had...
View ArticleArguments of being innocent host in copyright infringement case sent to bin –...
The operators of the Newzbin web site – which provided helpful tools to enable people to share unauthorised content such as films – infringed the copyright owners’ content in providing that service by...
View ArticleSoftware contract clause limiting warranty to operating documents that had...
Red Sky supplied booking and billing software to a busy hotel, Kingsway Hall. ‘Entirety’ was a standard system, but Kingsway soon had trouble with it. The system failed to show room availability, group...
View ArticleBattle of the forms dispute results in neither party’s terms applying – GHSP...
This case surrounded the so-called battle of the forms. That is where each side refers to their own terms and conditions applying in their documents such as quotations, orders, order acknowledgements,...
View ArticleFailure to make exclusion clause wording work under English law rather than...
P supplied oil to B under a free on board (‘FOB’) contract. Clause 18 of the contract stated that there were no ‘guarantees, warranties or representations’ as to the fitness of suitability of the oil...
View Article‘Terms and conditions available upon request’ would probably mean terms apply...
Rooney owned an aircraft. CSE carried out servicing work on the aircraft. Rooney had a claim for negligent work. CSE argued that its liability was affected by what was in its terms and conditions....
View ArticleContract formed despite signatory’s statement that further formal contract...
C sent D a quotation for providing storage facilities, attaching C’s general storage conditions. The quotation referred to a formal contract to follow. D confirmed in writing a faxed agreement to...
View ArticleEuropean Commission consults on effectiveness of EU e-signature laws
The European Commission has found another subject to mull over. It has announced that it is looking into whether the European Union laws on electronic signatures need an overhaul in order to reverse...
View ArticleOFT says key thing is what consumer expects when considering fairness of terms
The Office of Fair Trading has promised to clamp down on unfair consumer contracts. It said that in the vast majority of cases where consumers had had a problem with the consumer contract, there were...
View ArticleSuppliers should include provisions expressly in contract to stop buyers from...
As the economy remains in a rocky state, many businesses continue to suffer cash flow and insolvency issues. But suppliers need to continue to trade. So what should they do? At times such as these, a...
View ArticleEuropean Commission consults on standard terms and conditions for cloud...
The European Commission is consulting on adopting standard terms and conditions for use of cloud computing services. The consultation is asking people, businesses and public bodies to respond saying...
View ArticleMinimum 12- to 36 month gym memberships were unfair – OFT v Ashbourne...
The Office of Fair Trading has successfully obtained an injunction against someone who recruited new members for their gym and health club clients. In the standard agreements that X advised their...
View ArticleOFT wins court order against online trader who refused to deliver on time or...
The Office of Fair Trading has successfully obtained a judgment in Cardiff County Court against an online trader who breached various consumer laws. In particular, Mr Arora: Failed to deliver the...
View ArticleAlways incorporate your standard terms and conditions properly or face the...
SSL entered into a joint venture with TTK, an Indian company, to supply goods. The joint venture was governed by Indian law. SSL attempted to incorporate its standard terms and conditions, which...
View ArticleSony requires PlayStation Network users to sign up to terms and conditions...
Sony has required its PlayStation Network users to sign up to new terms and conditions that would amount to their waiver of the right to take part in collective legal action, or so-called “class action...
View ArticleEstate agents should make sure their agreements cover sale of shares by the...
Mr Estafnous (E) and London & Leeds Business Centres (L) had entered into an agreement by which L was to sell a property to a purchase that was introduced to L by E. Under the agreement, L was to...
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