Incorporation

Question 1

What is incorporation

Answer 1

Asks is this term a part of the contract where terms lie outside of the contract itself. The approach differs depending on whether the contract had been signed or not. E.g. park a car in the lot after driving by sign with terms, whether or not those terms are binding is a question of incorporation, did you get reasonable notice etc.

Question 2

What is the general rule for unsigned contract

Answer 2

terms are incorporated if either actual knowledge or if reasonable notice has been given

Question 3

Red hand rule:

Answer 3

onerous or unusual clauses require clear notice (Thornton).

Question 4

Interfoto:

Answer 4

the term that you should pay for how long you should have a photo was onerous and burdensome and there was no reasonable notice, so term was not incorporated

Question 5

Incorporations by dealing

Answer 5

Hardwick Game Farm
At some point, because the supplier had been really consistently communicating that when they enter the contract they want the terms from the contract note, if the other side has continued to engage in business with that person and not said anything, they are sending the signal they agree to those terms

Question 6

What about signed contracts

Answer 6

If the contract is signed by the party it does not matter if party has read or understood the contract or if the terms are onerous or complex; a signature binds them

Question 7

L’Estrange

Answer 7

When a document containing contractual terms is signed, then, in the absence of fraud, or, I will add, misrepresentation, the party signing is bound, and it is wholly immaterial whether he has read the document or not.

Question 8

Toll

Answer 8

If you do not read the contract it is not an excuse