Terms and Conditions in UK Law

Leading Cases
  • Butler Machine Tool Company Ltd v Ex-Cell-O Corporation (England) Ltd
    • Court of Appeal (Civil Division)
    • 25 Abril 1977

    The better way is to look at all the documents passing between the parties - and glean from them - or from the conduct of the parties whether they have reached agreement on all material points ven though there may be differences between the forms and conditions printed on the back of them. If differences are irreconcilable - so that they are mutually contradictory - then the conflicting terms may have to be scrapped and replaced by a reasonable implication

  • RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Company KG
    • Supreme Court
    • 21 Julio 2010

    Whether there is a binding contract between the parties and, if so, upon what terms depends upon what they have agreed. It depends not upon their subjective state of mind, but upon a consideration of what was communicated between them by words or conduct, and whether that leads objectively to a conclusion that they intended to create legal relations and had agreed upon all the terms which they regarded or the law requires as essential for the formation of legally binding relations.

  • Johnson v Unisys Ltd
    • House of Lords
    • 22 Marzo 2001

    Implied terms may supplement the express terms of the contract but cannot contradict them. Employment law requires a balancing of the interests of employers and employees, with proper regard not only to the individual dignity and worth of the employees but also to the general economic interest. Their traditional function is to adapt and modernise the common law. But such developments must be consistent with legislative policy as expressed in statutes.

    Consistently with these provisions, Mr Johnson was written a letter of engagement which stated his salary and summarised the terms and conditions of his employment, including the notice period. Apart from the statement that in the event of gross misconduct, the company could terminate his employment without notice, it made no reference to disciplinary matters.

  • Tekdata Interconnections Ltd v Amphenol Ltd
    • Court of Appeal (Civil Division)
    • 19 Noviembre 2009

    The judge found that Amphenol acknowledged the purchase orders by sending an acknowledgment to Tekdata. In law it could only be at that date at earliest that a contract for the purchase and sale of the specified connectors came into existence.

    In my judgment, it is not possible to lay down a general rule that will apply in all cases where there is a battle of the forms. It always depends on an assessment of what the parties must objectively be taken to have intended.

  • Investors Compensation Scheme Ltd v West Bromwich Building Society
    • House of Lords
    • 19 Junio 1997

    (1) Interpretation is the ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract.

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Legislation
  • Workers (Predictable Terms and Conditions) Act 2023
    • UK Non-devolved
    • 1 de Enero de 2023
  • Coronavirus Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ....... (2) Regulation 10 (conditions to be met for cremations) has effect as if for paragraph (a) there were ...(e) the terms of office of incumbent office-holders or those elected at a postponed ......
  • Education (Wales) Act 2014
    • Wales
    • 1 de Enero de 2014
    ......) A person is eligible for registration if the person meets the conditions in this section. . (2) The first condition is that the person—(a) meets ...Term and holiday dates and times of school sessions . 42: Dates of terms and holidays and times of school sessions . After section 32 of the 2002 ......
  • Energy Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... in relation to any relevant activity;(b) a function of imposing conditions or requirements in relation to any relevant activity;(c) a function that .... (5) The OGA must inform the responsible person of the terms of any information and samples plan it prepares in connection with a ......
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Books & Journal Articles
  • Autonomy of Migration Despite Its Securitisation? Facing the Terms and Conditions of Biometric Rebordering
    • No. 41-3, June 2013
    • Millennium: Journal of International Studies
    This article reconsiders the concept of autonomy of migration in the context of technologically ever-more sophisticated border regimes by focusing on the case of biometric rebordering. As its name ...
  • TERMS AND CONDITIONS OF LABOUR CONTRACTS IN AGRICULTURE: RESULTS OF A SURVEY IN WEST BENGAL 1979*
    • No. 43-1, February 1981
    • Oxford Bulletin of Economics and Statistics
  • Involving employees in redesigning reward at Centrica
    • No. 4-5, July 2005
    • Strategic HR Review
    • 12-13
    Changes to employees’ terms and conditions must be handled sensitively. Marc Bishop, head of reward and recognition, explains how feedback and communication helped Centrica successfully harmonize i...
    ...... in assimilating newcompanies, not least a divergence inemployees’ terms and conditions. Thisarticle describes how Centrica BusinessServices (CBS) ......
  • News
    • No. 1-4, April 1983
    • The Electronic Library
    • 226-232
    Dr. Carlos Cuadra has been speaking recently on the challenge posed to database publishers by microcomputer technology. He suggested (during a panel discussion at the Information Industry Meeting i...
    ...... and online service vendors should define much more clearly the terms and conditions for retaining down-loaded data locally. Dr Cuadra ......
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Law Firm Commentaries
  • UK MPs consider social media terms & conditions too complex
    • LexBlog United Kingdom
    A recent report by the Science and Technology Committee (a UK parliamentary select committee) on the Responsible Use of Data (the Report) concludes that online terms and conditions for the use of s...
  • UK HR Solutions: Changing terms and conditions
    • JD Supra United Kingdom
    Welcome to the tenth and final post in our current series of hands-on guidance for UK HR professionals. In this series we’ve looked at common HR issues that you’ll encounter in the workplace and gi...
  • Alert: Website Terms and Conditions: A Call for Clarity
    • JD Supra United Kingdom
    The UK House of Commons has highlighted the need for clarity of website terms and conditions in order to allow users to provide their "informed consent" to the terms.
  • Changing terms and conditions: a tricky issue
    • JD Supra United Kingdom
    The COVID-19 pandemic has brought into sharp focus how quickly and unexpectedly things can change. The limitations on existing contracts of employment to accommodate changes has become evident. Goi...
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Forms
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