For example, a supplier may provide its standard terms and conditions which the other party agrees to and therefore signs.Does this suffice to create a legally binding contract?They are supposed to settle at the end of each month. I think a Court will take a dim view of this as it is (a) unfair and (b) seeks to circumnavigate the legislation. If I created a legally binding contract and after negotiations the contract was accepted and a reservation fee was paid, if they didn't sign their signature on the terms and conditions slip, are they still bound to the contract?
My concern is that the contract has a minimum duration of 3 years and if a party simply ceased using the other party's services altogether this would effectively render the contract meaningless.
A contract contains a clause which states that it may be terminated if there is a breach of "any other agreement" which exists between the parties.
Any other agreement is not defined in the contract.
When drafting a limit of liability in a contract which relates only to losses arising out of breaches of contract or other causes of action which are covered by insurance, is it feasible to cap recoverable sums by reference to the amount by which the insurer actually responds to the relevant claim, rather than the limit of the insurance policy?
This seems to create a circularity which could potentially enable the insurer to withhold or reduce its pay out.
Generally speaking, in principle, the benefit of a contract can be freely assigned.