Incorporation of clauses in business contracts – The Supreme Court stiffens up the rules


Author: Dr Robert Clark

In two cases, decided on the same day in late 2014, the Supreme Court clarified the rules relating to the incorporation of contractual terms in business-to-business contracts. In several respects the Supreme Court raised the bar, particularly where the clause is one which limits or excludes the liability of one party.

The cases in question, James Elliott Construction v Irish Asphalt and Noreside Construction v Irish Asphalt, arose from similar circumstances and involved similar issues. Perhaps the most important of the two is the James Elliot Construction case.

Read full briefing here.


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