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Latest news and views tagged Terms & conditions

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‘Terms and conditions available upon request’ would probably mean terms apply – Rooney v CSE, Court of Appeal

27 November 2010 | Mark Weston

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. Rooney...

Tags on this discussion: agreement agreements B2B breach of contract breacj business-to-business commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts Court of Appeal High Court incorporation incorporation of terms summary judgment supply supply agreement supply contract supply of service Terms & conditions

Failure to make exclusion clause wording work under English law rather than US law proves costly – KG Bominflot v Petroplus, Court of Appeal

10 November 2010 | Mark Weston

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...

Tags on this discussion: agreement agreements breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law condition contract contracts Court of Appeal English law FOB free on board fundamental breach High Court implied term Incoterms material breach sale of goods sale of goods act satisfactory quality serious breach SOGA supply supply agreement supply contract supply of goods term Terms & conditions warranty

Battle of the forms dispute results in neither party’s terms applying – GHSP v AB Electronic, High Court

22 July 2010 | Paul Gershlick

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,...

Tags on this discussion: acceptance battle of the forms breach breach of contract commercial commercial agreement Commercial contract commercial law contract contract law contracts defect defective High Court order order acknowledgement quotation quote sale of goods act SOGA subcontract supply contract Terms & conditions unprofitable contract

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

14 May 2010 | Mark Weston

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...

Tags on this discussion: breach breach of contract contract contract law contracts damages exclusion of liability fit for purpose IT limitation on liability loss of goodwill loss of profits reasonable reasonableness sale of goods sale of goods act satisfactory quality Software supply of goods and services act term termination Terms & conditions UCTA unenforceable unfair contract terms act warranty

Arguments of being innocent host in copyright infringement case sent to bin – Twentieth Century Fox v Newzbin, High Court

8 April 2010 | Paul Gershlick

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...

Tags on this discussion: bulletin board common design contract contracts copyright copyright infringement file-sharing films High Court hyperlink illegal Intellectual property intellectual property rights Newzbin online content peer-to-peer Terms & conditions unauthorised unlawful Usenet web site

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...

Tags on this discussion: Computer contract contract law economic hardship exclusion of liability force majeure High Court IT liability Terms & conditions unprofitable contract

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

12 January 2010 | Mark Weston | 1 comment

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...

Tags on this discussion: contract incorporation of terms Online online shopping Terms & conditions tick box

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)....

Tags on this discussion: contract court application High Court jurisdiction legal rule Terms & conditions

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...

Tags on this discussion: Apple Distance Selling Regulations faulty Office of Fair Trading OFT Terms & conditions Unfair Terms in Consumer Contracts Regulations

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...

Tags on this discussion: battle of the forms contract law contracts Terms & conditions

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Latest news and views tagged Terms & conditions

‘Terms and conditions available upon request’ would probably mean terms apply – Rooney v CSE, Court of Appeal

Failure to make exclusion clause wording work under English law rather than US law proves costly – KG Bominflot v Petroplus, Court of Appeal

Battle of the forms dispute results in neither party’s terms applying – GHSP v AB Electronic, High Court

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

Arguments of being innocent host in copyright infringement case sent to bin – Twentieth Century Fox v Newzbin, High Court

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

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

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

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

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…

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