incorporation Flashcards
what are contract terms?
terms that both parties have agreed to, which can either be verbal or written
what are pre-contractual statements?
-statements that are made before forming the contract
-if the statements are incorporated, then they are terms
-if they are not incorporated, then they are representations
what are the 6 things that courts look at to decide whether the statement is a term or representation?
-signatures
-written information
-importance (verbal)
-timing (verbal)
-knowledge (verbal)
-previous dealings
what is the case for written signatures?
L’Estrange v Graucob
what does L’Estrange v Graucob say?
that if something is signed, then it is incorporated even if not read or understood
what is the term case exception to the L’Estrange rule?
Interfoto v Stiletto
what does Interfoto v Stiletto say?
unusual or especially onerous terms must have specific attention drawn to them otherwise they will not be incorporated
what is the case for oral statements?
Curtis v Chemical Cleaning and Dyeing
what does Curtis v Chemical Cleaning and Dyeing say?
if an oral statement is made about something signed in a contract, then the oral classification must also be incorporated
what is the document case exception to the L’Estrange rule?
Grogan v Robin Meredith
what does Grogan v Robin Meredith say?
that the L’Estrange rule only applies to contractual documents
what does Chapelton v Barry UDC say?
that the exclusion clause must be clear before the contract is signed otherwise it will not be incorporated
what does Parker v SE Railway say?
-that if the party took reasonable steps to warn C of the exclusion clause, then it will still be incorporated
-this can also be seen in O’Brien v MGN
what does Thornton v Shoe Lane Parking say?
-that the more onerous the term is, the clearer it must be
what is the case for importance?
Birch v Paramount Estates
what is the case for time in importance? what does it say?
-Routledge v Mckay
-that if the buyer waited a significant amount of time to buy the purchase, then it will not be important to the buyer
what are the 2 cases for special knowledge?
-Dick Bentley v Harold Smith Motors
-Oscar Chess v Williams
what is the case for a non-regular course of dealings?
Hollier v Rambler Motors
what is the case for a regular course of dealings?
Spurling v Bradshaw
