Selected Cases by Article & Issues
Article 2.1.195 Cases
(1) Where one party or both parties use standard terms in concluding a contract, the general rules on formation apply, subject to Articles 2.1.20 - 2.1.22.
(2) Standard terms are provisions which are prepared in advance for general and repeated use by one party and which are actually used without negotiation with the other party.
| Number | Issue | # Cases |
|---|---|---|
| 1 | 'Standard terms' defined | 3 |
| 1.1 | Terms prepared in advance for general and repeated use by one party | 1 |
| 1.2 | Terms used without negotiation with the other party (see Art. 2.1.21) | |
| 2 | General rules on formation apply | 2 |
| 2.1 | Standard terms contained in the contract document itself | 1 |
| 2.2 | Standard terms contained in a separate document | 1 |