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Whether the two parties have reached agreement on the terms or whether a valid offer has been made is a legal question. In some jurisdictions, courts use criteria known as 'the objective test', which was explained in the leading English case of Smith v. Hughes. [3] [4] In Smith v. Hughes, the court emphasised that the important thing in ...
Reduction into Writing: Where the contract is consolidated into writing, previous spoken terms, omitted from the consolidation, will probably be relegated to representations. [11] The case of Birch v Paramount Estates Ltd. (1956) [ 13 ] provided that a very important spoken term may persist even if omitted from the written consolidation; this ...
Among the terms and conditions of 31 cloud-computing services in January-July 2010, operating in England: [6] 27 specified the law to be used (a US state or other country) most specify that consumers can claim against the company only in a particular city in that jurisdiction, though often the company can claim against the consumer anywhere
Contract terms may be verbal or expressed in writing. Conditions are those terms which are so important that one or more of the parties would not enter into the contract without them. Warranties are less important terms whose violation does not void the contract, but might entitle one of the parties to receive monetary damages. [4]
Once the terms have been approved, the members of the project team have a clear definition of the scope of the project. They will then be ready to progress with implementing the remaining project deliverables. This phrase "terms of reference" often refers to the task(s) assigned to a consultant or adviser.
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, [a] a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it ...
A technical standard is an established norm or requirement for a repeatable technical task which is applied to a common and repeated use of rules, conditions, guidelines or characteristics for products or related processes and production methods, and related management systems practices. A technical standard includes definition of terms ...
A term sheet is a bullet-point document outlining the material terms and conditions of a potential business agreement, establishing the basis for future negotiations between a seller and buyer. It is usually the first documented evidence of a possible acquisition . [ 1 ]