3.2: Incorporation of Express Terms Flashcards
When must a term be made available for it to be properly incorporated?
Before the offer is accepted, i.e. reasonably brought to the notice of the offeree before they accept the offer
What case shows a term had not properly been incorporated as it was only made clear after acceptance?
Thornton v Shoe Lane Parking
What happens to a term once a contract is signed?
The term will be incorporated even if they have not been read
What case showed the term was incorporated even when the defendant had signed the contract but not read the terms?
L’Estrange v Graucob
When will a signature not incorporate a term?
When the thing that is signed is not a contractual document
What case shows the term was not incorporated due to it not being a contractual document?
Grogan v Meredith Plant Hire
What must be done with harsh terms in a contract?
Harsh or unusual terms must be brought to the other sides attention or made prominent to be incorporated
What case shows an unusually harsh term was not made prominent?
Interfoto v Stiletto Productions
