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Part III Formation of The Contract, 12 Standard Terms

From: Global Sales and Contract Law

Ingeborg Schwenzer, Pascal Hachem, Christopher Kee

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
26 January 2012
ISBN:
9780199572984

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 30 June 2022

Subject(s):
Performance of contract — Formation of contract
12.01 The relevance of standard terms in domestic and international trade cannot be overestimated. The definition of the notion of ‘standard terms’ has traditionally focused on the intention of using pre-drafted terms for an indefinite number of contracts of a certain nature. This also implies that these terms have not been individually negotiated.1 Furthermore, some legal systems establish specific rules on contracts of adhesion where all the terms are pre-drafted.2 The more modern approach is to apply certain protective mechanisms solely relying on the fact that...
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