chapter  10
44 Pages

FORMATION OF THE AGREEMENT

EC v Beximco Pharmaceuticals Ltd [2004] 2 All ER (Comm) 312, CA. 11 Grey term (q): see OFT, UCT Bulletin No. 22, case 13; and para 11.18. As to cross-border actions

by consumer protection organisations, see Verein etc v Henkel [2003] 1 All ER (Comm) 606, Eu Ct. 12 E.g. where the parties continue to negotiate terms during performance (see para 10.03); in a

battle of forms (see para 10.04). For pre-incorporation contracts, see para 19.25. 13 E.g. Great Northern Railway Co v Witham (1873) LR 9 CP 16 (standing offer); Financings Ltd v

‘subject to availability’, ‘subject to credit status’, ‘whilst stocks last’; and all the express terms of an offer must either be stated expressly in the offer or incorporated by reference.16 These may be standard-form terms (see para 11.08). For instance, if the terms expressly granted the consumer an initial period for reflection, whether by way of warming up or cooling off (cf. para 10.23), that might assist in equalising the relative bargaining position of the parties for the purposes of the UTCC Regulations (reg 4(1): see para 11.15). For contracting by signature, see para 18.04.