Contact Our Hospitality and Leisure Solicitors
If you are in the hospitality and leisure industry and have any queries concerning the topics discussed in this article, please contact Myerson Solicitors on:
The backbone of most hospitality and leisure businesses is the legion of suppliers and contractors working away in the background to keep things running smoothly.
With the volume of contractual agreements in place with different contractors and suppliers, hospitality and leisure businesses understandably find it simpler to contract on standard terms and conditions.
But what happens when everyone tries to contract on their own standard terms and conditions?
In the legal sector, the term "battle of the forms" refers to a situation that arises when different businesses attempt to contract with each other, and each prospective party attempts to incorporate its own standard terms into the contract.
This usually happens when one party makes an offer incorporating its standard terms, and the other party seeks to accept that offer with a document incorporating its own standard terms.
These terms can often conflict.
Which terms and conditions apply can often be overlooked, and it is normally only considered when things go wrong.
This is usually when there is a significant conflict between important terms, e.g., rights and notice periods relating to termination or obligations regarding delivery.
It can be difficult to establish which terms prevail, but some of the factors considered are:
Obviously, no business wants to leave the issue of which terms apply until they are already in a dispute, so what steps can be taken to avoid these types of issues?
There is, unfortunately, no guarantee that any specific wording or procedure will ensure your terms prevail, but some things to increase the prospects include:
Ultimately, even if you take these steps, there can still be arguments over which terms and conditions prevail.
In those circumstances, it is important to obtain legal advice as early as possible, particularly before you attempt to enforce or exercise contractual rights.
If you are in the hospitality and leisure industry and have any queries concerning the topics discussed in this article, please contact Myerson Solicitors on: