Incorporation of Terms.

Question 1

What are the 3 methods of incorporation?

Answer 1

1. Signature.
2. Notice/reference.
3. Course of dealings.

Question 2

What is the case for signature? What is the legal principle?

Answer 2

L’Estrange. Party is bound by their signature - even if don’t read document.

Question 3

What are the exceptions to signature (and case)?

Answer 3

Non est factum: Saunders v Anglia Building Society.
1. Signature induced by misrepresentation.
2. Doc purported to have contractual effect.

Question 4

What are the 3 rules for notice (and cases)?

Answer 4

1. At or before time of contracting. Olley v Marlborough Court.
2. Must be in a doc intended to have contractual effect. Chapelton v Barry.
3. Reasonable steps to bring to attention of other party. Parker v South Eastern Railway. Interfoto v Stiletto.

Question 5

How can terms be incorporated by course of dealing?

Answer 5

Through regular and consistent dealings between parties.