Make it Snappy!!

Read the instructions, even if you don’t follow them!   It’s one of my favourite lines, but only applies in my personal life.

In my professional life, I will tell you that following the instructions is just as important as reading them!

Or, if you’re not going to follow them, at least take legal advice first on what the implications are.

But what happens if you don’t (or can’t) read the instructions!

And if you are the one relying on the other side to have read and accepted your Ts and Cs, what are your responsibilities to ensure that they have done so.

Take, for example, my situation this morning when I visited my dentist to have a tooth removed.

It’s a stressful situation, where I’m not wearing my reading glasses (but instead am wearing their protective glasses that distorts your vision slightly) and I’m given a form to sign (interestingly they never actually said “read” and sign) just before the treatment starts.

Is it reasonable to assume, in that scenario, that I’ve read them properly and carefully, and are bound by them????

What’s more, it was only afterwards that they add in a few extras, such as telling me that I couldn’t drink for 48 hours and that it would have been a good idea if I’d had breakfast as I might not be able to eat for the rest of the day!

Obviously in my case it’s not the end of the world (I’d never previously considered the dentist being useful for weight loss!) and there was a reasonable assumption that I wasn’t going to be able to eat properly for a while – although I have to say that the not drinking came as a really nasty shock!

But it does raise an interesting point.

What if I really wasn’t able to properly read and understand the Ts and Cs – is it my responsibility to ask the dentist for clarification, or is it his responsibility to ensure I understood.  If you know the other side are under considerable stress, does that change your obligations.  Is it better to send the documents out in advance so that they can be read and considered under less stressful conditions?

Ultimately it’s a commercial decision for each side to take as and when the situation arises.  The more steps you take to bring your contractual terms to the attention of the other side and ensure that they are willing to be bound by them, the better, but the more steps you have to take, the less cost effective the transaction is.

Nevertheless I would still encourage everyone to review on a regular basis not just your contracts (are they still fit for purpose and do they accurately reflect your actual working practices) but also the steps you take to ensure that they are properly received by those you are doing business with and what processes you have in place to deal with approving Ts and Cs from other parties.

If in doubt, let’s go through it all together – but can we wait until next week when I’m more likely to be able to talk without dribbling.

Kleyman & Co Solicitors.  The full service law firm.  Smile!