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Estate agents should make sure their agreements cover sale of shares by the vendor rather than just sale of the property or they will not get commission –Estafnous v London & Leeds Business Centres Ltd, Court of Appeal

3 November 2011 | Simon Weinberg

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 pay...

Tags on this discussion: beneficial title breach of contract commercial agreement commercial agreements Commercial contract commercial contracts commission commission agreement contract contract law Court of Appeal Estate Agent estate agents High Court holding company interpretation interpretation of contract legal title property sale property transaction sale of property sale of shares Share sale share transaction Terms & conditions

Sony requires PlayStation Network users to sign up to terms and conditions that waive their collective rights of redress

27 September 2011 | Mark Weston

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...

Tags on this discussion: B2C business-to-consumer class action consumer consumer contract consumer contracts consumer law consumer laws consumers data data breach data breaches data controller data loss data protection data protection act Data Protection Act 1998 data protection directive data protection laws data subject data theft database database right infringement databases DPA fair fairness Internet Internet use Internet user law suit lawsuit legal action liability limited liability misuse of data On-line Online online content personal data reasonable sensitive personal data site terms standard terms standard terms and conditions standard trading terms term terms Terms & conditions terms of use Ts & Cs Ts and Cs UCTA unenforceable unfair unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unfair terms Unfair Terms Directive Unfair Terms in Consumer Contracts Directive Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations UTCCR void web web content web database web site web site content web sites Website website content websites

Always incorporate your standard terms and conditions properly or face the consequences for failing to do so – SSL International & Anor v TTK LIG, High Court

14 July 2011 | Mark Weston

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 contained...

Tags on this discussion: breach of contract commercial agreement Commercial contract commercial contracts contract contract law contracts governing law High Court illegal incorporate incorporate terms and conditions incorporation of terms incorporation of terms and conditions joint venture joint venture agreement jurisdiction Sale of Goods Act 1979 service standard terms and conditions supply agreement Terms & conditions unlawful

OFT wins court order against online trader who refused to deliver on time or give refunds in accordance with distance selling laws and misled over product availability

2 July 2011 | Mark Weston

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 products...

Tags on this discussion: B2C breach breach of contract business-to-consumer cancellation commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consumer consumer agreement consumer agreements consumer contract consumer contracts consumer detriment consumer law consumer laws consumer protection Consumer Protection (Distance Selling) Regulations Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations Consumer Protection from Unfair Trading Regulations 2008 consumer right consumer rights consumers contract breach cooling off period CPUTR delivery distance selling directive Distance Selling Regulations Enterprise Act Enterprise Act 2002 material breach misleading misleading selling right to cancel serious breach site terms standard terms standard terms and conditions standard trading terms terms Terms & conditions terms of use unfair Unfair Terms in Consumer Contracts Directive

Minimum 12- to 36 month gym memberships were unfair – OFT v Ashbourne Management Services, High Court

27 June 2011 | Paul Gershlick

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 clients...

Tags on this discussion: agreement agreements B2C business business-to-consumer businesses cancellation commercial commercial law consumer consumer agreement consumer agreements consumer contract consumer contracts consumer detriment consumer law consumer laws consumer protection Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations consumers contract termination CPUTR fair fairness High Court Office of Fair Trading OFT OFT investigation right to cancel term termination Terms & conditions unenforceable unfair Unfair Commercial Practices Unfair Commercial Practices Directive unfair contract terms unfair contract trading Unfair Terms Directive Unfair Terms in Consumer Contracts Directive Unfair Terms in Consumer Contracts Regulations UTCCR void

European Commission consults on standard terms and conditions for cloud computing services

27 May 2011 | Mark Weston

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 whether...

Tags on this discussion: agreement agreements cloud cloud computing commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consultation contract contracts Europe European Commission European Union hosted service IT IT agreement IT services On-line Online standard terms standard terms and conditions standard trading terms Terms & conditions

Suppliers should include provisions expressly in contract to stop buyers from dealing with goods if they suffer an insolvency event – Sandhu v Jet Star, Court of Appeal

28 April 2011 | Paul Gershlick

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 good...

Tags on this discussion: administration agreement agreements B2B business-to-business commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts Court of Appeal express terms High Court Insolvency retention of title Romalpa sale of goods standard terms standard terms and conditions standard trading terms supplier supply supply agreement supply contract supply of goods terms Terms & conditions

OFT says key thing is what consumer expects when considering fairness of terms

2 March 2011 | Mark Weston

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 surprises...

Tags on this discussion: commercial agreement commercial agreements Commercial contract commercial contracts consumer consumer agreement consumer contract consumer detriment consumer law Consumer Protection from Unfair Trading Regulations consumers CPUTR fair fairness Office of Fair Trading OFT small print standard terms and conditions Terms & conditions unfair Unfair Commercial Practices unfair contract terms unfair contract trading unfair terms Unfair Terms in Consumer Contracts Directive unfair trading

European Commission consults on effectiveness of EU e-signature laws

28 February 2011 | Mark Weston

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 what...

Tags on this discussion: acceptance agreement B2B B2C business-to-business business-to-consumer commercial agreement commercial agreements Commercial contract commercial contracts consultation contract cross-border e-signature electronic communications electronic signature electronic signatures EU EU law European Commission European Union offer Online standard terms and conditions supply agreement Terms & conditions web web site web sites Website websites

Contract formed despite signatory’s statement that further formal contract would follow – Immingham Storage v Clear Plc, Court of Appeal

15 February 2011 | Mark Weston

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 proceed...

Tags on this discussion: acceptance agreement agreements B2B breach breach of contract business business-to-business businesses commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts Court of Appeal damages e-mail e-mails email High Court loss of business offer quotation quote standard terms standard terms and conditions storage contract Terms & conditions

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Latest news and views tagged Terms & conditions

Estate agents should make sure their agreements cover sale of shares by the vendor rather than just sale of the property or they will not get commission –Estafnous v London & Leeds Business Centres Ltd, Court of Appeal

Sony requires PlayStation Network users to sign up to terms and conditions that waive their collective rights of redress

Always incorporate your standard terms and conditions properly or face the consequences for failing to do so – SSL International & Anor v TTK LIG, High Court

OFT wins court order against online trader who refused to deliver on time or give refunds in accordance with distance selling laws and misled over product availability

Minimum 12- to 36 month gym memberships were unfair – OFT v Ashbourne Management Services, High Court

European Commission consults on standard terms and conditions for cloud computing services

Suppliers should include provisions expressly in contract to stop buyers from dealing with goods if they suffer an insolvency event – Sandhu v Jet Star, Court of Appeal

OFT says key thing is what consumer expects when considering fairness of terms

European Commission consults on effectiveness of EU e-signature laws

Contract formed despite signatory’s statement that further formal contract would follow – Immingham Storage v Clear Plc, Court of Appeal

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