Category Archives: Terms of business

The Royal Courts of Justice, London. The Law Courts, The Royal Courts of Justice houses the High Court and Court of Appeal of England and Wales.

Case Study: Silence does not amount to acceptance of an offer so no legally binding contract was in place

By | Business disputes, Contract law, Small Business, Terms of business | No Comments

This is a case study of a contractual dispute in which I was representing the claimant, John. The facts are true but names have been changed to protect client confidentiality.

Summary:

An offer must be formally accepted before a legally binding contract can exist. Offers cannot be accepted by silence. If you do not have a legally binding contract and a dispute arises, you are unlikely to be able to reclaim any money owed to you. Read More

Standard terms and conditions of business

Why use standard terms and conditions of business?

By | Contract law, Small Business, Terms of business | No Comments

Hands up if you read all the small print on the back of an order form?

Who scrolls through and actually reads the terms and conditions on a website before clicking to accept?

I’m not seeing many hands!

OK, I admit it. When I’m in a hurry (which is most of the time) I don’t read them either.

So, this begs the question, if nobody reads the terms and conditions why use them? Read More