Should I read the terms and conditions?
Posted on 11th June 2018
Now-a-days, every moment of our lives is consumed with entering into a contract and usually, by proxy, agreeing to the Terms and Conditions. If you're signing up for a new 'phone contract, or you're simply purchasing a loaf of bread, a contract is being formed. We know - this seems crazy - but, believe it or not, the terms of buying and selling items in shops (and some other places), for example, are covered by the Consumer Rights Act 2015, which covers both the sellers and the buyer alike.
However, for other agreements, a written contract is required which has to be signed by both parties to be legally binding. The most obvious one is when you sell or purchase a house (if you're selling or buying, contact MG Legal's expert team today for first-class advice). Both parties have to sign a contract which, once exchanged (see our blog on 'The Conveyancing Process'), means that both parties are legally bound to see the contract through. And, if one party fails to uphold their end of the contract, there are usually sanctions in place.
In the media and on television it can often be portrayed that lawyers' jobs can be to find a loophole in a contract, to help their client get out of it. However, in reality, most contracts are based on a set of standard clauses which are personalised to the individuals or businesses that require them. Often these contracts are accompanied by a set of Terms and Conditions.
Most people (yes, sometimes even lawyers, although not MG Legal's team!) ghost over these when agreeing to everyday Terms and Conditions in our personal lives. A common example for most people will be the dreaded topic that no one (even if you live under a rock!) could avoid this year, which is the introduction of GDPR (General Data Protection Rules) which came into effect on 25th May 2018. This means that now, every time we enter a new website or start browsing, we are asked to agree to their T&Cs, which often include information about how they process data about us and our browsing.
However, we at MG Legal are often asked the important question of: 'Should I read the Terms and Conditions?'.
It is common to be asked to confirm that you have read the terms, and to subsequently confirm that you agree to the same. Whilst we would like to say that no, reading the 45 pages of Terms and Conditions is not important, unfortunately, it is. Arguably, it is one of the most important things that you absolutely should be doing.
Terms and Conditions are as complex as the world of Physics (well, in our opinion, anyway!), but in them they contain a useful set of information such as your rights under the contract, what happens if you breach the contract, who you should contact if you feel that your co-party to the contract is not upholding their end of the contract, and, more importantly, they can include disclaimers against using the services which, if you're not careful, could catch you out. The list of what they can include goes on and on.
Whilst most people will be happy to agree to Terms and Conditions on their own in their everyday lives, when you are entering into a contract which could affect your life, you should contact the experts to help you understand the implications of the T&Cs. MG Legal's team have over 20 years' experience in drafting and negotiating contracts, and are on hand to help you. To enquire about a free initial consultation, contact our expert team of Garstang Solicitors on 01995 602 129 or email email@example.com.
If you're unsure about whether you have a claim for a purchase that you have made which hasn't quite turned out as you thought, contact MG Legal's Conveyancing Garstang team today to enquire about a free initial consultation.
Whether you are selling or buying property, entering into a settlement agreement when leaving a company, splitting up from your spouse or partner and you are wanting to finalise matters through a formal agreement, our expert team are on hand to provide you with all of the advice that you need.
MG Legal - Your Local Solicitors
Tagged as: Contracts, Law, Longridge, MG Legal, Pre-nups, Pre-Nuptial Agreements, Preston Property Law, Preston Solicitors, Property Law, Solicitors Lancaster, Solicitors Preston, Your Local Solicitors
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