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Is a phrase like this sufficient to incorporate your terms and conditions into a contract? Quite possibly – according to the Court of Appeal in Rooney & Anor v CSE Bournemouth Ltd 2010.
The case concerned maintenance being carried out on aircraft owned by the claimants. Before carrying out work the defendants would produce a “Work Order” incorporating the words “terms and conditions available on request” at the bottom of the page and would not start work until these terms had been signed.
It is important to note that this was an appeal where the initial order was for a strike out of the defendant’s action. It does not mean that a court would find similarly in every case where a phrase such as this is used, (you might not want to use it as your only limit on liability for instance) but it suggests that you can’t ignore throw away comments such as this, on the assumption that any terms have not been properly incorporated. It is a reminder (if any were needed) that you don’t have to have read terms and conditions to be bound by them.
With its claims to disrupt and transform many areas of our lives, AI is now part of our day to day vocabulary.
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Are you frustrated by Brexit? If so, that’s more than can be said of the European Medicines Agency’s (EMA) £13m a year lease at Canary Wharf.
Last week, the annual Consumer Electronics Show in Las Vegas showcased some emerging consumer technologies - from a sensor which tests food for peanuts to air-bags for your hip.
The Royal Bank of Scotland is current embroiled in a £12billion class action brought by its former shareholders over the bank’s fundraising before its 2008 government bailout.
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