Incorporation of Terms

Question 1

How can terms be incorporated?

Answer 1

1. By signature, unless there was oral misrepresentation
   (Note that non est factum is a high bar to pass)
2. By notice
   Parties must take reasonable steps to bring terms for the other’s attention before or during contracting, in a document intended to have legal effect.
3. By market practice
4. By regular and consistent dealings