Incorporation Flashcards
L’Estrange v Graucob
Signed documents are incorporated even if not read or understood
Interfoto v Stiletto
Unusual or onerous statements must have special attention drawn to them
Curtis v Chemical Cleaning and Dyeing
If oral statements are made about a written exclusion, the verbal statement is the one that stands
Grogan v Robin Meredith
The document must be a contractual one
Chapelton v Barry UDC
Statements must be clearly present at the time of making the agreement
Parker v SE Railway
Statements on non-contractual documents may be incorporated if the reasonable person would know of them
O’Brien v MGN
Websites must make their terms clear
Thornton v Shoe Lane Parking
The more unreasonable the exclusion, the clearer it must be made
Birch Paramount Estates
The importance and timing between the statement and contract are relevant to deciding if a statement is incorporated
Routledge v McKay
Not putting something in writing is evidence it is merely a representation
Dick Bentley v Harold Smith
If the representor is an expert, their statement is more likely to be relied on as a term
Oscar Chess v Williams
If the representor is not an expert, their statement is less likely to be relied on as a term
Hollier v Rambler Motors
If two parties don’t have frequent enough contracts to establish a ‘regular course of dealings’, it is unlikely the term will be incorporated
Spurling v Bradshaw
If two parties have frequent enough contracts to establish a ‘regular course of dealings’, it is likely the term will be incorporated
