HiAnyone an expert on reading & accepting terms and conditions? Thanks
System of Law: England-and-Wales
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.-Could you explain your situation a little more?
I have received a booking form from a UK Solicitor for oneof our holidays.
The form states: I have read andaccept the Terms and Conditions, Please tick. The solicitor did not tick.
I asked: we note that you haveforgotten to check the box on the booking form accepting our terms andconditions/T&Cs. This is a requirement laid down by our own insurers, socan you please either resend the form with the box checked or state in yourreply that you accept these T&Cs.
He replied: I confirm that we have read the terms and conditions.
Question: Is 'reading' the same as 'accepting' under such circumstances,if we have expressly asked the question and he replies in this way andcontinues to wish to book?
How should we proceed?
Given its normal English meaning, 'reading' is not the same as 'accepting'. It is possible to read and dispute a document.Conventionally if a person signs a paper document they are taken to be aware of and consent to all of its terms. If this is an electronic contract though he cannot have signed it. Ticking the box acts in a similar way.If he has not ticked the box or otherwise confirmed consent then there might be an argument that this is not proper consent.I would refuse to go further until he does.Please rate my answer with OK SERVICE or more and then I will continue for free.
Bar Exams, over 5 years in practice.
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