Contract Pactice Points Over The Past Nine Months

The key to resolving most disputes often lies in establishing what the contract between the parties means. As a result there is a steady stream of cases which come before the courts. This month's Insight reviews six of the more interesting.

The incorporation of standard terms

Am I bound by another party's standard terms and conditions, even if they have not sent me a copy?

Quite possibly, yes. Provided the contract documents make reference to them being included.

Barrier Ltd v Redhall Marine Ltd [2016] EWHC 381 (QB)

It can sometimes happen that when parties are negotiating contracts (or maybe exchanging purchase orders which may or may not have standard terms printed on the back), a contract is formed where one party has not seen a copy of all the documents which are said to make up the contract in question. In those circumstances will the "missing document" form part of the contract terms?