Are they different things? Are T&Cs part of the contract? Is the contract part of the T&Cs? I’m confused!
Alasdair Taylor's Answer
When someone says “contract” they will usually be referring to:
- a legal relationship between two or more parties;
- a document evidencing such a legal relationship; or
- a document that is expected or intended to evidence such a legal relationship in future (aka a “draft contract”).
“Terms and conditions”, by contrast, usually refers to:
- the substantive legal terms of a contract; or
- a particular type of usually non-negotiable contractual document.
So, they are slightly different things, but the difference will depend upon the context. T&Cs may form part of a contract document. However, it wouldn’t usually make sense to say that a contract formed part of some T&Cs.
