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The Sky’s the limit – an IT case affecting any type of goods or services contract

27 January 2010 | Mark Weston

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...

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US court says online terms and conditions enforceable even without having to tick a check-box

1 comment 12 January 2010 | Mark Weston

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 Major...

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Applicability of jurisdiction clause by reference needs to be absolutely clear if incorporated by reference to another contract – AEL v Socofi, High Court

7 January 2010 | Mark Weston

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)....

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Apple agrees to change Terms and Conditions to comply with consumer contracts laws

14 December 2009 | Mark Weston

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 require...

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In dealing with battle of the forms, a traditional contract analysis should apply unless clear evidence to the contrary – Tekdata v Amphenol, Court of Appeal…

3 December 2009 | Paul Gershlick

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...

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