Express Terms Flashcards
What are express terms in a contract?
Express terms can be written or stated verbally and concern matters such as price.
Example case: Curtis v Chemical Cleaning.
What is the main common law control regarding express terms?
The terms must be incorporated and should generally be made available before the contract is made.
Example cases: Chapelton v Barry, Thornton v Shoe Lane Parking.
What happens if a party reads the document presented in a contract?
If the party reads the document, the terms may be incorporated unless a false statement was made or the party was unaware of the clause.
Example scenarios: C read the document, but D made a false statement, or C had no reason to be aware of the clause.
What must be done for harsh terms in a contract?
Harsh terms must be given special notice.
Example cases: Interfoto v Stiletto, Blu Sky v Be Caring Ltd.
Can tickets or receipts incorporate terms?
Yes, tickets or receipts may incorporate terms if it is reasonable to expect them on the back.
Example case: Thompson v LMS Railway.
LIF RELEVANT: Signing a contractual document incorporates terms even if they have not been
read. However
it MUST be a contractual document (Grogan v Robin Meredith
Graucob). An automated signature at the footer of an email will suffice (Neocleous v Rees).
IF RELEVANT: Clauses may also be implied through the course of dealings (Hillas v Arcos)
if its
use is regular and consistent
even if it comes after acceptance (Kendal v Lilico
MacBryan).
What does signing a contractual document do?
Signing a contractual document incorporates terms even if they have not been read.
Relevant cases: Grogan v Robin Meredith, L Estrange v Graucob.
Is an automated signature valid?
An automated signature at the footer of an email will suffice.
Relevant case: Neocleous v Rees.
How can clauses be implied in a contract?
Clauses may also be implied through the course of dealings if its use is regular and consistent.
Relevant case: Hillas v Arcos.
Can implied clauses come after acceptance?
Yes, implied clauses can come after acceptance if their use is regular and consistent.
Relevant cases: Kendal v Lilico, McCutcheon v MacBryan.
