000			01566cab a2200217 4500
001			ABS68694
008			050228n2005 000 0 eng u
035			_a(Sirsi) u128904
100			_aLewis, S.
245			_aWhat are you referring to?
260			_c2005
490			_aBuilding _v270(8368) 11 February 2005, 66(1)
520			_aRefers to problems with terms and conditions which are often incorporated into contracts. Argues that there are two approaches which can be used when examining the correct terms of contract between two parties. The first was the approach adopted in "Nicolene Ltd v Simmonds" ([1953] 1 QB 543) where the blue pencil test was used where the contract is examined and a decision is made whether it would work if all references to the other terms and conditions were deleted. The other approach was made in "Ove Arup and Partners International Ltd and another v Mirant Asia-Pacific Construction (Hong Kong) Ltd and another" ([2003] EWCA Civ 1729, [2004] BLR 75). Here it was found that the defendant had agreed to a proposal which covered FIDIC terms and the fact that at the relevant time no design agreement using the terms had been entered into did not justify striking out any reference to it.
590			_aABS
650			_aOVE ARUP AND PARTNERS INTERNATIONAL LTD AND ANOTHER V MIRANT ASIA-PACIFIC CONSTRUCTION (HONG KONG) LTD AND ANOTHER
650			_aFIDIC CONDITIONS OF CONTRACT
650			_aNICOLENE LTD V SIMMONDS
650			_aCONTRACT DISPUTES
690			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
942			_n0
999			_c74854 _d74854