3.2: Incorporation of Express Terms

Question 1

When must a term be made available for it to be properly incorporated?

Answer 1

Before the offer is accepted, i.e. reasonably brought to the notice of the offeree before they accept the offer

Question 2

What case shows a term had not properly been incorporated as it was only made clear after acceptance?

Answer 2

Thornton v Shoe Lane Parking

Question 3

What happens to a term once a contract is signed?

Answer 3

The term will be incorporated even if they have not been read

Question 4

What case showed the term was incorporated even when the defendant had signed the contract but not read the terms?

Answer 4

L’Estrange v Graucob

Question 5

When will a signature not incorporate a term?

Answer 5

When the thing that is signed is not a contractual document

Question 6

What case shows the term was not incorporated due to it not being a contractual document?

Answer 6

Grogan v Meredith Plant Hire

Question 7

What must be done with harsh terms in a contract?

Answer 7

Harsh or unusual terms must be brought to the other sides attention or made prominent to be incorporated

Question 8

What case shows an unusually harsh term was not made prominent?

Answer 8

Interfoto v Stiletto Productions