ABSTRACT

The existence of standard terms and contracts devised to aid traders is very appealing and of great use within the international trading communities. This chapter discusses the incorporation of standard clauses and contracts rise to serious legal complexities which will be the object of scrutiny. The practice of incorporation has made it increasingly common for deals to be closed on the barest of terms on the basis that "other terms" are incorporated into the contract. A further problematic issue which relates to the incorporation of standard terms lies with inconsistencies and discrepancies between incorporated standard terms and the clauses of the incorporating sale contract. The outcome of this endeavour will be dictated by the presence or not in the contract of a clear hierarchy clause devised to deal with conflicts between the original contract and the standard terms incorporated therein. The chapter explores possible legal problems arising from the creation of the sale contract, and the incorporation of standard terms.