incorporation

Question 1

Birch v Paramount estates

Answer 1

Particular importance- statement was the most important factor “agreed immediately”.

Question 2

Routledge v Mckay

Answer 2

Particular importance- statement was not important, took a week to think about it.

Question 3

Dick Bentley

Answer 3

Special knowledge, likely to be relied on if they are an expert.

Question 4

Oscar chess v Williams

Answer 4

Special knowledge- private seller, not reasonable to rely on.

Question 5

Timing

Answer 5

Routledge and Birch

Question 6

L’estrange v Graucob

Answer 6

Written and signed documents, automatically incorporated (original rule).

Question 7

Interfoto

Answer 7

Onerous terms must have attention drawn to them.

Question 8

Grogan

Answer 8

Can’t incorporate terms into a non-contractual document.

Question 9

Curtis v Chemical cleaning

Answer 9

Verbal assurance over-rides written terms.

Question 10

Chapelton v Barry

Answer 10

Sign didn’t mention exclusion, was on the back of the ticket (unclear).

Question 11

O’brien v MGN

Answer 11

Told them where to find rules, sufficient.

Question 12

Parker v SE railway

Answer 12

Took sufficient steps to be able to find exclusion “see back”.

Question 13

Thornton v Shoelane parking

Answer 13

Signs/notices should be before entering contract. “excluding all liability” should be very clear.

Question 14

Hollier v Rambler motors

Answer 14

4-3 times in 5 years is not a regular course of dealings, so wouldn’t know exclusion clauses.