Remember that sub-sections within a section are intimately linked so that just as sub-s (1) appears to refer forward by use of the phrase ‘This section applies’, then a reader of sub-s (2) may need to refer back to sub-s (1)—it may not stand alone. Sub-section (2) is no exception as this cross-referencing takes place immediately in the first words of sub-s (2), ‘As against that party, the other’. Some simple questions begin the process of clarification. Q1: (a) Who is ‘that party’? (b) Who is the ‘other’? Answer: (a) That party is the ‘one’ who is ‘dealing as a consumer or on the other’s standard terms of business’ in s3(1). (b) Therefore, by process of elimination, the ‘other’ is the one who is not ‘dealing as a consumer or on the other’s standard terms of business’. Q2: How can we know the answer to Question 1? Answer: Because ‘other’ is specifically referred to in the first few words of sub-s (2). This other is: (a) first, the hidden ‘other’ party referred to by implication in sub-s 3(1) (that is, the one who is not dealing as a consumer); (b) secondly, there is the hidden ‘other’ party who actually writes the ‘standard terms of business’. There are, therefore, two categories of ‘other’. Q: So what is the subject of sub-s (2)? A: It is the ‘other’. Q: How do we know this? A: Because the person or company referred to as ‘that party’ has already been: (a) identified; and (b) defined in sub-s 1. Sub-section 2, therefore, is concerned with what that ‘other’ can and ‘cannot’ do. That is outlined in paras (a) and (b). It has taken time to explain the interconnections between sub-s (1) and the first seven words of sub-s (2) at a basic level. The full complexities of sub-s (2), paras (a) and (b) have not yet been touched. Luckily, once alerted to the types of issues to look out for, our minds are powerful tools and all of the foregoing discussion, questions and connectors will begin to be answered and noticed purely mentally and automatically whilst reading on and looking at s3(2). A point will be reached later in your studies when only a few points would actually be noted down, as your familiarity with language and structure will enable ease of reading. It is useful at this stage to turn again to the words of s 3 so far considered as laid out in Figure 3.13, below, and annotated.

DOI link for Remember that sub-sections within a section are intimately linked so that just as sub-s (1) appears to refer forward by use of the phrase ‘This section applies’, then a reader of sub-s (2) may need to refer back to sub-s (1)—it may not stand alone. Sub-section (2) is no exception as this cross-referencing takes place immediately in the first words of sub-s (2), ‘As against that party, the other’. Some simple questions begin the process of clarification. Q1: (a) Who is ‘that party’? (b) Who is the ‘other’? Answer: (a) That party is the ‘one’ who is ‘dealing as a consumer or on the other’s standard terms of business’ in s3(1). (b) Therefore, by process of elimination, the ‘other’ is the one who is not ‘dealing as a consumer or on the other’s standard terms of business’. Q2: How can we know the answer to Question 1? Answer: Because ‘other’ is specifically referred to in the first few words of sub-s (2). This other is: (a) first, the hidden ‘other’ party referred to by implication in sub-s 3(1) (that is, the one who is not dealing as a consumer); (b) secondly, there is the hidden ‘other’ party who actually writes the ‘standard terms of business’. There are, therefore, two categories of ‘other’. Q: So what is the subject of sub-s (2)? A: It is the ‘other’. Q: How do we know this? A: Because the person or company referred to as ‘that party’ has already been: (a) identified; and (b) defined in sub-s 1. Sub-section 2, therefore, is concerned with what that ‘other’ can and ‘cannot’ do. That is outlined in paras (a) and (b). It has taken time to explain the interconnections between sub-s (1) and the first seven words of sub-s (2) at a basic level. The full complexities of sub-s (2), paras (a) and (b) have not yet been touched. Luckily, once alerted to the types of issues to look out for, our minds are powerful tools and all of the foregoing discussion, questions and connectors will begin to be answered and noticed purely mentally and automatically whilst reading on and looking at s3(2). A point will be reached later in your studies when only a few points would actually be noted down, as your familiarity with language and structure will enable ease of reading. It is useful at this stage to turn again to the words of s 3 so far considered as laid out in Figure 3.13, below, and annotated.

Remember that sub-sections within a section are intimately linked so that just as sub-s (1) appears to refer forward by use of the phrase ‘This section applies’, then a reader of sub-s (2) may need to refer back to sub-s (1)—it may not stand alone. Sub-section (2) is no exception as this cross-referencing takes place immediately in the first words of sub-s (2), ‘As against that party, the other’. Some simple questions begin the process of clarification. Q1: (a) Who is ‘that party’? (b) Who is the ‘other’? Answer: (a) That party is the ‘one’ who is ‘dealing as a consumer or on the other’s standard terms of business’ in s3(1). (b) Therefore, by process of elimination, the ‘other’ is the one who is not ‘dealing as a consumer or on the other’s standard terms of business’. Q2: How can we know the answer to Question 1? Answer: Because ‘other’ is specifically referred to in the first few words of sub-s (2). This other is: (a) first, the hidden ‘other’ party referred to by implication in sub-s 3(1) (that is, the one who is not dealing as a consumer); (b) secondly, there is the hidden ‘other’ party who actually writes the ‘standard terms of business’. There are, therefore, two categories of ‘other’. Q: So what is the subject of sub-s (2)? A: It is the ‘other’. Q: How do we know this? A: Because the person or company referred to as ‘that party’ has already been: (a) identified; and (b) defined in sub-s 1. Sub-section 2, therefore, is concerned with what that ‘other’ can and ‘cannot’ do. That is outlined in paras (a) and (b). It has taken time to explain the interconnections between sub-s (1) and the first seven words of sub-s (2) at a basic level. The full complexities of sub-s (2), paras (a) and (b) have not yet been touched. Luckily, once alerted to the types of issues to look out for, our minds are powerful tools and all of the foregoing discussion, questions and connectors will begin to be answered and noticed purely mentally and automatically whilst reading on and looking at s3(2). A point will be reached later in your studies when only a few points would actually be noted down, as your familiarity with language and structure will enable ease of reading. It is useful at this stage to turn again to the words of s 3 so far considered as laid out in Figure 3.13, below, and annotated.