Contract - Incorporation

Question 0

Curtis v Chemical Cleaning and Dyeing Co

Answer 0

The presence of fraud or misrepresentation will invalidate terms to the contrary even if signed.

Question 1

L’Estrange v F Graucob

Answer 1

If a party signs a contract, they are bound regardless of whether or not they have read it

Question 2

Grogan v Robin Meredith Plant

Answer 2

The document signed must be one in which one would expect to find contractual terms.

Question 3

Parker v South Eastern Railway

Answer 3

A term may be incorporated into a contract by reasonable notice of its existence being given to the other party.

Question 4

Thompson v LMS

Answer 4

Reasonable notice is an objective test and therefore it is irrelevant if the party is illiterate.
Only needs to be notified of the existence of the term not necessarily of the details of the clause itself

Question 5

Thornton

Answer 5

Notice boards must be sufficiently large and in prominent positions with more onerous terms requiring more notice. (Denning - big red hand pointing)

Question 6

Chapelton v Barry UDC

Answer 6

A term will only be incorporated if a reasonable person would expect contractual terms to be in that TYPE of document.

Question 7

Olley v Marlborough Court Ltd

Answer 7

Notice must be given before or at the time of the contract.

Question 8

Spurling Ltd v Bradshaw

Answer 8

The court may imply the presence of terms into a contract due to the constructive notice of previous dealings but consistency and a course of dealings are necessary.

Question 9

Kendall v Lillico

Answer 9

A three year duration with 3 transactions a month was sufficient to be a course of dealings.

Question 10

Hollier

Answer 10

3 transactions over 5 years was not sufficient to be a course of dealings.
Terms are harder to incorporate in this manner if it is a consumer contract.