Legal Updates

There is no validity to a general set of terms that were not disclosed to the other party upon entering ‎an agreement

June 12, 2017
Print

A person purchased a motorcycle with a buy-back option. When requested to exercise the option the vendor refused to do so on the grounds that the agreement is subject to a set of general rules restricting exercise of the option.

The Court accepted the claim and held that it is not possible to introduce in retrospect additional general conditions into an agreement, unless presented to the purchaser, because such action does not reflect the purchaser's intent and desire upon entering into the agreement with the vendor. The existence of general terms must be part of the original agreement or will be of no validity.