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ARTICLE · 03 JANUARY 2022

Legal Developments In Construction Law: December 2021

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Signing a contract can be agreement to its terms and conditions, whether or not you have read them. But what if it refers to standard terms and conditions that are not provided with it

United KingdomReal Estate and Construction
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1. Signing a contract can be agreement to its terms and conditions, but what if they are on a website? And what if they are onerous?

Signing a contract can be agreement to its terms and conditions, whether or not you have read them. But what if it refers to standard terms and conditions that are not provided with it, but are on a website, and, "cunningly concealed" is a "hugely inflated...administration charge" for cancellation?

A social care provider signed a mobile phone supplier's order form for the provision of a mobile network service by a third party. The contract involved providing connections for 800 mobile phones and the order form referred to standard terms and conditions, on a website, which provided for a cancellation "administration charge" of £225 per connection. The care provider cancelled before connection and the supplier claimed £180,000, applying the charge to each of the 800 connections. But were the standard terms successfully incorporated

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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