Flashcards in Contents Of Contracts Deck (10)
A term will not be incorporated if it was shown too late. Which case?
Olley v Marlborough Court Hotel
Contra preferentum rule. What is it and which case?
The rule that specifies that any ambiguity will be ruled against party wishing to exempt liability. Hipoughton v Trafalgar Insurance
If the clause exempts negligence, it must be carefully worded to actually cover it.
Canada Steamship v The King
Onerous or unusal clauses need extra attention drawn to them
Thornton v Shoe Lane Parking
Terms can be incorporated by previous dealings
Spurling v Bradshaw
Terms will be implied by local trade and custom. Which case?
Hutton v Warren
Terms may be implied by the business efficacy test. Which case?
Terms may be implied by the officious bystander test. Which case?
Shirlaw v Southern Foundries
L'Estrange v Graucob
Any signed term will be incorporated