Express Terms

Question 1

What are express terms in a contract + case ?

Answer 1

Express terms can either be written into the contract, or stated verbally when the contract is made, and concern matters such as price ( CURTIS v CHEMICAL CLEANING ) .

Question 2

What is the main common law control + case ?

Answer 2

The main common law control is that the terms must be incorporated, and generally terms should be made available before the contract is made ( CHAPELTON v BARRY , THORNTON v SHOE LANE PARKING ).

Question 3

What must be given special notice + case ?

Answer 3

Harsh terms must be given special notice ( INTERFOTO v STILETTO , BLU SKY v BE CARING LTD ) .

Question 4

What may incorporate terms + case ?

Answer 4

Tickets or receipts may incorporate terms if it is reasonable to expect them on the back ( THOMPSON v LMS RAILWAY )

Question 4

What else may incorporate terms ?

Answer 4

Signing a contractual document incorporates terms even if they have not been read.

Question 5

What must be signed + cases ?

Answer 5

It must be a contractual document ( GROGAN v ROBIN MEREDITH , L’ESTRANGE v GRAUCOB ) . An automated signature at the footer of an email will suffice ( NEOCLEOUS v REES ).

Question 6

How can clauses also be implied + case ?

Answer 6

Clauses may also be implied through the course of dealings ( HILLAS v ARCOS ).

Question 7

How must the use be for this to be incorporated + case ?

Answer 7

Its use must be regular and consistent, even if it comes after acceptance ( KENDAL v LILICO , MCCUTCHEON v MACBRYAN ) .