61. A business has negotiated a set of terms for use on all contracts with a particular customer. 62. If the terms are to be tailored to fit the client, the client must be measured for the terms. 63. However, in high value transactions, or at the commencement of a trading relationship, the terms may be subject to careful scrutiny. 64. The first requirement is for the terms to be written in grammatically correct English--errors of grammar may disguise or even distort the meaning of a term. 65. However, the drafter must also ensure that the terms are legally correct. 66. Again the terms were in a standard form, and were not negotiated as a result of the imbalance of bargaining power. 67. However, the term was universal in the trade, so that the plaintiff did not have the option of buying on different terms from other suppliers. 68. In general, the courts are concerned to enforce contracts between businessmen, especially executed agreements even where the uncertain terms may be meaningless. 69. Whether a term is a condition or a warranty depends upon the construction of the sale contract. 70. This term is meant to cover their disposable effort and their ability or competence in matching the perceived text-world to their cognitive universe. |