Express Terms Flashcards
1
Q
A
2
Q
What are express terms?
A
Terms that are intended to be binding and incorporated into the contract.
3
Q
How can express terms be incorporated into a contract?
A
- Signed written contract (binding even if unread).
- Incorporation by notice (reasonable steps to bring terms to attention).
- Incorporation by consistent and regular course of dealing.
4
Q
What is the effect of signing a written contract?
A
It makes the express terms binding, even if the signer has not read the document.
5
Q
What is incorporation by notice?
A
Reasonable steps must be taken to ensure the party is aware of the terms.
6
Q
What does “consistent and regular course of dealing” mean?
A
Terms can be incorporated if parties have a history of dealing in a consistent manner that includes those terms.
