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Why Does The Right Contract Be A Standard Form Contract?

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There is clearly a contract here. The offer has been agreed and carried out for three continuing weeks without any problem. Consideration was given by the promisee. We are facing a standard-form contract. Here, there are two main claims. Wether Brian is contractually obliged or not, to pay the three months rental payments, and the cancellation charge of 250£ as the result of his breach of contract for non performance of his obligation. Finally, wether EverEager is liable for Brian’s loss of income, and loss of business. Both claims depend on the incorporation of the limitation clauses inserted in the terms and conditions of EverEager’s website. Either because the leaflet given by the assistant gave reasonable notice of the clause, or…show more content…
According to the court of appeal in Grogan v Robin Meredith Plant Hire (1996), the document was held not have contractual effect, despite being signed. the document was a time sheet for the hire of machinery which stated, at the bottom of the page, that « all hire undertaken CPA conditions. copies available on request ». it was held that the indemnity clause contained in the CPA conditions was not incorporated into the contract as a result of the signature on the time sheet. the court must decide wether the document is considered as a contractual document, having contractual effect, or an administrative document, enabling the parties to give effect to their prior agreement. to find wether the document was meant to have contractual effect, the court must consider, the nature, purpose, and the circumstances of the document. in that case, the court focused on the nature of the document. Brian would possibly not be bound by his signature of the document, as it was only a brief summary of the terms and conditions that could be found on the website of EverEager. It even stated: « the key points are a useful guide to the agreement, but aren’t par of it ». Following the precedent established in Grogan v Robin, the purpose of the document would probably be considered by the court as not giving contractual effect to the document. the clauses contained in the document are then, not incorporated in the contract. Therefore, EverEager would probably
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