Incorporation

Question 0

No signature? What’s next?

Answer 0

Other conditions must be satisfied.

Document must be contractual in nature - Chapelton v Barry Urban

Question 1

What are the rules of incorporation by signature?

Answer 1

L’estrange v Graucob - must be contractual document and legible.

Curtis v chemical cleaning - clause can’t be misrepresented

Question 2

What are the conditions set out in Parker v SE Railway?

Answer 2

Actual notice

‘Reasonable steps’ taken to bring term/clause to the attention…

Factors - prominence on document. Type of clause (onerous?)

Question 3

Onerous clause? What case and quote?

Answer 3

Thornton v Shoe-lane parking

‘Red hand pointing to it in red ink’

Interfoto v stiletto = example of onerous clause being deemed not to have been incorporated

Question 4

Consistent dealings and incorporation. What are the rules?

Answer 4

Kendall v lillico - must be consistent in both frequency and terms

Hollier v Rambles -
4/5 times in 5 years = not consistent

McCutheon v Macbryne - sometimes dealt with each other and signed. Sometimes not signed - inconsistent

Question 5

When must notice usually be given?

Answer 5

Before contract finalised? Olley v Marlborough