There is no specific legislation in place regulating service contracts between businesses operating in industrial parks and the owners of such parks. Contractual relations between businesses, unlike those between businesses and consumers or between employers and employees, are not generally subject to extensive statutory regulation. Traditionally, the presumption has been that contracts between businesses are agreements freely entered into by the parties and that, if disputes arise, there are well-established legal procedures and remedies available for dealing with them.
Part IV of the Sale of Goods and Supply of Services Act 1980 provides that, in every contract for the supply of a service, the following terms are implied
(a) that the supplier has the necessary skill to render the service,
(b) that he will supply the service with due skill, care and diligence,
(c) that, where materials are used, they will be sound and reasonably fit for the purpose for which they are required, and
(d) that, where goods are supplied under the contract, they will be of merchantable quality within the meaning of section 14(3) of the Sale of Goods Act 1893.
Sections 40 and 41 of the 1980 Act set out the circumstances in which, and the extent to which, a contract term implied by virtue of section 39 can be negatived or varied.
Part V of the 1980 Act deals with the issues of contract rescission for innocent misrepresentation and of damages and exclusion of liability for misrepresentation and supplements the common law rules in this area.
