In this session the following subjects will be discussed:
incorporation of terms and conditions; reference to the terms and conditions; battle-of-forms;
avoidance of terms and conditions because the duty to inform was not observed;
avoidance of terms and conditions for unfair content;
consumer law and terms and conditions.
The most notable developments in this field are the ECJ judgment in the Appingedam case widening the scope of the EU Services Directive, and the Dutch Supreme Court judgment in the case ABN AMRO/SdB and Euribar on the change clauses in consumer terms and conditions.
The most common pitfalls in dealing with general terms and conditions pertain to the failure to incorporate them in the contract and to fulfill the duty to inform the counter party. This failure can even render the most perfectly drafted and fair terms and conditions utterly useless.
Upon completion of this course, you are able to validly incorporate general terms and conditions in the contract, thus ensuring maximum effect. Also, you can make the general terms and conditions user-proof.
This course is part of the Commercial Law programme.
Some of the topics covered:
- Incorporation of terms and conditions; reference to the terms and conditions; battle-of-forms
- Avoidance of terms and conditions because the duty to inform was not observed
- Avoidance of terms and conditions for unfair content
- Consumer law and terms and conditions
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