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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 ...
Sub-contracts between the main contractor and its subcontractors (both for sub-contractors selected by the employer and for other sub-contractors): the DOM/1 sub-contract is suitable for use with the JCT's standard building contract, and the DOM/2 sub-contract is aligned with the design and build contract. [11] A standard form of sub-sub ...
Mirror image rule, counter offer, standard form contracts Butler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd [1977] EWCA Civ 9 [ 1 ] is a leading English contract law case. It concerns the problem found among some large businesses, with each side attempting to get their preferred standard form agreements to be the basis for a contract.
The NEC contracts now form a suite of contracts, with NEC being the brand name for the "family" of contracts. [16] When it was first launched in 1993, it was simply the "New Engineering Contract". This specific contract has been renamed the "Engineering and Construction Contract" which is the main contract used for any construction based project.
The Lloyd's Open Form, formally "Lloyd's Standard Form of Salvage Agreement", and commonly referred to as the LOF, is a standard form contract for a proposed marine salvage operation. Originating in the late 19th century, the form is published by Lloyd's of London and is the most commonly used form for international salvage.
Although no special contract formalities are required, it is normal practice to use standard-form contracts such as, in the UK, the Joint Contracts Tribunal (JCT) form. [2] In order to expedite dispute resolution, standard forms have often provided for arbitration by a "board of arbitration" or professional arbitrator, [ 3 ] although many now ...
In the UK, these 1999 Regulations work to render ineffective terms that benefit seller or suppliers against the interests of consumers. They also have provisions specifically covering standard form contracts. The Regulations overlap somewhat with the Unfair Contract Terms Act 1977 which deals specifically with exemption clauses.
The court will take into account both the terms of the contract and the circumstances of the case. [4] The Guiliano-Lagarde Report gives three examples of situations where a real choice may be demonstrated with reasonable certainty: Standard form contracts The report gives as an example a Lloyd's policy of marine insurance.