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Flashcards in Incorporation of Contract Terms Deck (11)
1

In which case was it decided that onerous clauses would be more difficult to incorporate?

Thornton v Shoe Lane Parking

2

What is the authority for the contra preferentum rule?

Houghton v Trafalgar Insurance

3

What is the authority for terms not being included if they were not notified about till after?

Olley v Marlborough Court

4

What is the authority for a signature incorporating all the terms?

L'Estrange v Graucob

5

In which case was it decided that if clauses were more onerous, more measures had to be taken to alert the contracting party to them?

Interfoto Picture Library v Stilletto

6

In which case was it decided that terms could be implied through previous dealings?

Spurling v Bradshaw

7

What is the rule on penalty clauses?

Dunlop v New Garage
To amount to a liquidated damages clause the sum specified must be a genuine pre-estimate of loss. A penalty clause is where the sum specified acts in terrorem (to punish, or to deter a breach). It will be held to be penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison with the greatest loss that could conceivably be proved to have followed from the breach

8

Courts can imply terms based on local custom

Hutton v Warren

9

Where a consistent course of dealings has taken place courts will imply a term

Spurling v Bradshaw

10

What case is the officious bystander test?

Shirlaw v Southern Foundries

11

What case is the business efficacy test?

The Moorcock