THE DISNEY CASE: A STARK REMINDER OF THE SIGNIFICANCE OF CONTRACTUAL TERMS

THE DISNEY CASE: A STARK REMINDER OF THE SIGNIFICANCE OF CONTRACTUAL TERMS

Disney is currently being sued in the US over an alleged wrongful death that occurred at Disney World in Florida. In response to the lawsuit, Disney has argued that the Claimant cannot bring its claim in the courts. Their argument is based on the fact that the Claimant signed up to the Disney+ terms and conditions which state that users agree to settle any disputes with Disney via arbitration.

Whilst this is a bold argument that will require the court’s determination, it illustrates the danger associated with trivialising and overlooking contractual terms and conditions.

HOW IS THE DISNEY CASE RELEVANT TO YOUR BUSINESS?

It is generally accepted that businesses are free to enter into contractual agreements on whatever terms they see fit. This means that in England and Wales, courts are usually unwilling to intervene in business-to-business contracts where the parties are of equal size and bargaining power, even if one party alleges they did not know or did not intend to sign up to a specific provision.

In a society where it is common practice to accept lengthy terms and conditions with the click of a button, you need to remain vigilant. It is essential that, before entering into a contractual agreement, you understand the duties and obligations of the parties and the consequences associated with every term of the contract.

We can assist your business by conducting an audit of your existing contracts to identify and, where possible, remedy any risk areas.

Contact FG Solicitors today on 0808 172 93 22 or complete our quick contact form for a discussion.

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This update is for general guidance only and advice should be taken in relation to a particular set of circumstances.