Terms - Incorperation Flashcards
Term basic definition
binding detail of a contract
Pre contractual statement
things said before a contract is made
When do precontractual statements become terms?
When they are incorporated into contract
What are representations?
precontractual statements that have not been incorporated into contract
What are misrepresentations?
untrue statements made before or at the time of making contract
- Did representee place particular importance on statement
Birch v Paramount - large importance
Routledge v McKay - not that important (took week and no mention of date)
- Did represent or have special knowledge?
Dick Bentley v Harold Smith - reasonable to rely on expert
Oscar Chess - not an expert
- Timing
Birch v Paramount - agreed instantly
Mckay - took a week to degide
- Signing written document general rule
L’Estrange v Graucob- if written and signed then it’s incorportated
onerous terms may not be incorporated without specific attention being drawn to them
Interfoto v Stiletto
terms are not incorporated if they are part of an admin document
Grogan v RM
Oral statements are more binding than written ones
Curtis v Chemical Cleaning and Dyeing
- Non contractual documents
Any info outside of signed documents is tested on how clear info would be when making contract
Non contractual documents are not clear enough
Charlton v Barry UDC
Non contractual documents are clear
Parker v SE Railway
