Overview

When putting a contract in place, the terms, which determine the rights and obligations of the contracting parties, are created by the parties.

Since it is the contracting parties themselves who give rise to this legal bond and they are free to determine the ambit of that contractual bond, within legal limits, their intention is fundamental to clarifying these terms. They must, if a contract has been concluded, have reached agreement on the main terms of their contract.

However, in many cases, reliance is placed on a contracting party's so-called standard terms and conditions; a sometimes complex and lengthy set of terms. This article from ENS's Janine Lee looks at what happens when both contracting parties incorporate their own standard terms and conditions.

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