Express Terms

Question 1

Introduction?

Answer 1

The Courts must decide whether to keep the express term within the contract. For this there is a 4 part test.

Question 2

1) Whether the Agreement was signed?

Answer 2

L’Estrange v Graucob - Where a party has signed an agreement they are bound by that agreement.

Exception - Curtis v Chemical - If oral assurances are given that contradict the term signed then the express term will not apply.

Question 3

2) Whether any notice of the term was incorportated into the contract?

Answer 3

Olley v Malbrough Hotel - The express term must be made clear at the time of contract - not after it.

Question 4

3) Any Harsh Terms?

Answer 4

Interfoto v Stiletto - Particularly harsh or unusual terms must be brought to the other side’s attention before the contract is signed.

Question 5

4) What the term is written on?

Answer 5

Chapelton v Barry Council - The term will only be incorporated into the contract if it is contained within a document of contractual significance. Receipts are not documents of contractual significance.

Parker v SE Railway - However, tickets may incorporate terms, tickets are contractual documents.