'Four Corners' Rule

[CYNthesys]

Re: 'Four Corners' Rule

The agreement is a basic application containing a few terms eg rate of interest, amounts payable and default fees etc. The full T & C are contained in a separate leaflet which is then sent in the post to the new customer with his/her credit card once their applications are accepted.

[jax50]

Re: 'Four Corners' Rule

The agreement is a basic application containing a few terms eg rate of interest, amounts payable and default fees etc. The full T & C are contained in a separate leaflet which is then sent in the post to the new customer with his/her credit card once their applications are accepted.

The fact the application form often refers to T&C's even though it is not present at the time of signing, but as you say sent later surely means this is not one document ?

[CYNthesys]

Re: 'Four Corners' Rule

thats my way of thinking

[R0b]

Re: 'Four Corners' Rule

Well you should be entitled to request the full terms and conditions on request if it forms part of the agreement. There should usually be some reference to the full terms and conditions and it could be relied upon in the entire agreement clause. It would normally say something like ... this application/agreement together with the terms and conditions ... constitute the entire agreement and supersedes and extinguishes all previous agreements, promises etc.

that is usually the four corners rule, where there is a dispute of a contract the courts will first look to the contract itself for interpretation. If the entire agreement clause does not include the terms and conditions then it is deemed to fall outside of the "four corners of the document" and so cannot be relied upon. On the flipside, if there is no entire agreement clause it is arguable that any previous statements made or promises could be incorporated as part of the agreement.

[jax50]

Re: 'Four Corners' Rule

thats my way of thinking

and just for my own clarity, 'terms' means the 'prescribed terms' and conditions or general conditions are the rest of the bumph like how to cancel etc ?

[jax50]

Re: 'Four Corners' Rule

Well you should be entitled to request the full terms and conditions on request if it forms part of the agreement. There should usually be some reference to the full terms and conditions and it could be relied upon in the entire agreement clause. It would normally say something like ... this application/agreement together with the terms and conditions ... constitute the entire agreement and supersedes and extinguishes all previous agreements, promises etc.

that is usually the four corners rule, where there is a dispute of a contract the courts will first look to the contract itself for interpretation. If the entire agreement clause does not include the terms and conditions then it is deemed to fall outside of the "four corners of the document" and so cannot be relied upon. On the flipside, if there is no entire agreement clause it is arguable that any previous statements made or promises could be incorporated as part of the agreement.

Am just wondering what might have been received before an application was sent to the applicant, surely that must be quite rare ?

[MIKE770]

Re: 'Four Corners' Rule

The fact the application form often refers to T&C's even though it is not present at the time of signing, but as you say sent later surely means this is not one document ?

Not present at inception = That is what makes all the difference? they have to be i..e. within 4 corners.

[CYNthesys]

Re: 'Four Corners' Rule

jax
where you say -Am just wondering what might have been received before an application was sent to the applicant, surely that must be quite rare ?

The card in question was a JJB card that JJB staff were promoting instore. JJB staff took applicants details etc then phoned through to the card provider for an account to be approved and a credit limit obtained.

[jax50]

Re: 'Four Corners' Rule

jax
where you say -Am just wondering what might have been received before an application was sent to the applicant, surely that must be quite rare ?

The card in question was a JJB card that JJB staff were promoting instore. JJB staff took applicants details etc then phoned through to the card provider for an account to be approved and a credit limit obtained.

Ah right, I didn't know you were referring to a specific case,I thought you were talking in general terms ..

[CYNthesys]

Re: 'Four Corners' Rule

is there any applicable caselaw please