‘Incorporating by reference? Be caring and as clear as the sky is blu’

“A cancellation clause in a signed mobile phone supply contract was considered unduly onerous and not fairly and reasonably drawn to the purchaser’s attention to be incorporated by reference. A mobile phone supplier, Blu-Sky, entered into a mobile phone supply contract with a social care provider, Be Caring, for the supply of 800 mobile phone connections with a monthly rental fee which the purchaser sought to cancel prior to connection to the network …” (more)

[Aaron Jones, Allen and Overy – Compact Contract, 18 October]

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