In certain situations, work must be started before the client and supplier enter into a written contract.
This applies particularly to cases where time is of the essence («immediate action agreements») or where scope or assignment descriptions are unclear at the time of commencement.
In cases of incident management or certain advisory services that lack prior contracts, such as contingency agreements, incident response retainers, or similar; conclusive conduct will be perceived as an acceptance of the terms, conditions, and rates stated on our home page.
In the lack of a prior written agreement, conclusive actions apply.
A conclusive action refers to a legal principle that allows parties to infer the existence of an agreement based on the conduct or actions of the parties involved, even in the absence of a formal written or explicit agreement. It is also known as «conclusive evidence of an agreement» or «conclusive conduct».
Further reading
When an agreement is missing or not properly documented, the courts may rely on the concept of conclusive action to determine the existence and terms of the agreement.
The principle suggests that if the parties’ conduct or actions demonstrate a consistent pattern of behavior that implies mutual understanding and agreement, it can be treated as conclusive evidence of their intentions.
For example, suppose two parties have consistently engaged in business transactions, exchanging goods or services and making payments according to a certain pattern over an extended period. In that case, the courts may infer the existence of an agreement, even if there is no formal written contract.
Conclusive actions can include:
Conduct and behavior: The consistent behavior and conduct of the parties involved, such as regular performance of obligations, payments, or other actions in line with a specific arrangement, can be considered conclusive evidence of an agreement.
Industry norms and practices: If customary practices or industry norms govern a particular type of agreement, the parties’ adherence to these practices can be seen as conclusive evidence of their agreement to be bound by those norms.
Previous course of dealing: If the parties have a history of past transactions or interactions that indicate a consistent pattern of behavior, the courts may consider it as conclusive evidence of an agreement between them.
It’s important to note that conclusive action is a legal principle that varies across jurisdictions, and its application depends on the specific circumstances and evidence presented in each case.
Consulting with a legal professional familiar with the laws of the relevant jurisdiction is crucial when dealing with missing agreements or disputes related to the existence of an agreement, verbal, written, or other.
Hordaland district court, Norway is the company’s governing law and jurisdiction.