Pete Maguire Archive

Whose Terms and Conditions apply – if anyone’s?

The recent case of Transformers & Rectifiers v Needs underlines that if you wish to rely on your standard terms and conditions, you must take sufficient steps to make sure that the other party is given reasonable notice of both your terms and conditions and your intention to rely on them.

An expired contract – but no one’s noticed!

Where do you stand if the contract has “expired” but the services carry on nonetheless? Service contracts are often entered into for a fixed period of time. Usually towards the end of the period the parties will either discuss an extension, a new contract or simply agree that upon expiry they will go their separate ways. However, it can happen that a fixed period contract may simply expire without the parties noticing with the services continuing accordingly.

What does best endeavours mean?

What does “best endeavours” mean? This was an issue in Ltd v Blackpool Airport Ltd who had entered into a 15 year contract with each other. The contract required both parties to "co-operate together and use their best endeavours to promote's low cost services” and for BAL to “use all reasonable endeavours to provide a cost base that will facilitate's low cost pricing”.
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