Overview

Whilst businesses are often rightly concerned about whether their terms and conditions offer enough protection, this is probably of secondary importance to the main issue - making sure they are incorporated in contracts to begin with.

Similarly, from the perspective of the party upon whom terms and conditions are being imposed, the question arises: what amount of notice needs to be given about those terms and conditions in order to be bound by them?

This was well demonstrated in a recent Court of Appeal case, Rooney v CSE Bournemouth Ltd, which found that the words 'terms and conditions available on request', could be effective to incorporate a party's standard terms and conditions.

Shoosmiths looks at the judgement of this case and its implications on businesses.

To read more click ‘view briefing’.