incorporation of terms.

Question 1

what are the two types of terms.

Answer 1

expressed terms and implied terms.

Question 2

what are the ways to incorporate a term into a contract.

Answer 2

signature
notice
course of dealings
they can also be made orally

Question 3

signature.

Answer 3

l’estrange v graucobs 1934. bought a vending machine supposed to be good but it was rubbish she wanted her money back seller said no there was an implied clause in the contract that machine would be fit for purpose.
does not matter if she read the terms or not they are binding.

Question 4

notice

Answer 4

notice has to be given in a document that if sufficiently contractual in nature ie document upon which one might expect to find terms.

Question 5

when does notice have to be given.

Answer 5

at the time of or before entering into a contract.

Question 6

did chapelton v Barry give sufficient notice.

Answer 6

no, ticket for desk chair fell of chair sued for injury but there was a personal injury clause held not to be sufficient notice.

Question 7

was henderson v stevenson give sufficient notice.

Answer 7

nothing on the face of the ticket that pointed them to the back of the ticket where the terms were noted attendant did not notify him either. Ticket for steam packet ferry for damages.

Question 8

was timing of the notice sufficient in olley v malbourgh hotel

Answer 8

has to be given at the time of or before the contract is made.
checked into hotel given key for a week stay.
robbed.
notice in the room that the hotel would not be liable for any loss or damage during the time of stay.

Question 9

was there sufficient timing of notice in Thompson v Imas rly passenger.

Answer 9

yes the terms were printed and had to go and collect a timetable to read them.
door opened on a train when it should not have and a passenger was injured.

Question 10

could the clause in damage be upheld in Curtis v chemical cleaning and dying co.

Answer 10

no they were mislead by a shop person means that it would not be binding even though they signed the contract terms.

Question 11

name some cases here.

Answer 11

Henderson v Stephenson- ferry

Thomas v imas- train door opened

olley v malbourgh hotel. notice

chappelton v Barry -chair broke.

l’estrange v gracoub- signature.

curtis v chemical clean co.