Commercial update: Unfair terms - when am I dealing on another's standard terms of business?
1st March 2016
Dealing “on [another’s] written standard terms” is one of the gateways that opens up a potential challenge to those terms under the Unfair Contract Terms Act 1977. The Commercial Court considered in African Export-Import Bank v. Shebah Exploration & Production Co [2016] EWHC 311 (Comm) whether an industry model-form contract could amount to standard terms and, secondly, what degree of negotiation was necessary before terms ceased to be ‘standard’.
Nicole Bollard, a Commercial and Property Law barrister analyses the decision for Commercial lawyers. Click here to view Nicole's profile.
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