Terms and Conditions in UK Law

Leading Cases
  • RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Company KG
    • Supreme Court
    • 21 Jul 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.

  • Trentham (G Percy) Ltd v Archital Luxfer Ltd
    • Court of Appeal (Civil Division)
    • 20 Jul 1992

    The fact that the transaction was performed on both sides will often make it unrealistic to argue that there was no intention to enter into legal relations. It will often make it difficult to submit that the contract is void for vagueness or uncertainty. Specifically, the fact that the transaction is executed makes it easier to imply a term resolving any uncertainty, or, alternatively, it may make it possible to treat a matter not finalised in negotiations as inessential.

  • Johnson v Unisys Ltd
    • House of Lords
    • 22 Mar 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. Subject to observance of fundamental human rights, the point at which this balance should be struck is a matter for democratic decision.

  • Scammell (G.) & Nephew Ltd v Ouston (H. C. & J. G.)
    • House of Lords
    • 16 Dic 1940

    The object of the Court is to do justice between the parties, and the Court will do its best, if satisfied that there was an ascertainable and determinate intention to contract, to give effect to that intention, looking at substance and not mere form. It will not be deterred by mere difficulties of interpretation. Difficulty is not synonymous with ambiguity so long as any definite meaning can be extracted.

  • Investors Compensation Scheme Ltd v West Bromwich Building Society
    • House of Lords
    • 19 Jun 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.

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

  • Watford Electronics Ltd v Sanderson CFL Ltd
    • Court of Appeal (Civil Division)
    • 23 Feb 2001

    They should be taken to be the best judge on the question whether the terms of the agreement are reasonable. The court should not assume that either is likely to commit his company to an agreement which he thinks is unfair, or which he thinks includes unreasonable terms., Unless satisfied that one party has, in effect, taken unfair advantage of the other – or that a term is so unreasonable that it cannot properly have been understood or considered the court should not interfere.

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Legislation
  • Terms and Conditions of Employment Act 1959
    • UK Non-devolved
    • 1 de Enero de 1959
  • Higher Education and Research Act 2017
    • England & Wales
    • 1 de Enero de 2017
    ...... (c) (c) it satisfies the initial registration conditions applicable to it in respect of the registration sought (see section 5), .... (6) See section 41 regarding the terms and conditions of financial support under this section. S-40 . Financial ......
  • Children and Families Act 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... . . (i) about conditions with which a person or body making direct payments must comply before, ... of searching and inspecting it may be granted on any prescribed terms and conditions. . . (4) Regulations may prescribe the steps to be taken ......
  • Small Business, Enterprise and Employment Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... S-1 . Power to invalidate certain restrictive terms of business contracts 1 Power to invalidate certain restrictive terms of ... that the duty in subsection (1)(b) only applies where other conditions are met, such as the finance provider-. . . (a) complying with the ......
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Books & Journal Articles
  • TERMS AND CONDITIONS OF LABOUR CONTRACTS IN AGRICULTURE: RESULTS OF A SURVEY IN WEST BENGAL 1979*
    • Núm. 43-1, Febrero 1981
    • Oxford Bulletin of Economics and Statistics
  • Involving employees in redesigning reward at Centrica
    • Núm. 4-5, Julio 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
    • Núm. 1-4, Abril 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 ......
  • “… They don’t really listen to people”. Young people’s concerns and recommendations for improving online experiences
    • Núm. 17-2, Mayo 2019
    • Journal of Information, Communication and Ethics in Society
    • 167-182
    Purpose: The voices of children and young people have been largely neglected in discussions of the extent to which the internet takes into account their needs and concerns. This paper aims to highl...
    ...... of disempowermentand resignation, particularly in relation to the terms and conditionsand user agreementsthat are ubiquitous to digital ......
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Law Firm Commentaries
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