Incorporation of Terms Flashcards
(17 cards)
What must the terms be for the contract to be valid ?
incorporated
What are the common law rules when considering whether the term has been incorporated or not ?
written agreements
reason notice
harsh terms
prior dealings
tickets
What is a written agreement ?
when the term is in writing and has been signed by the parties
What does the case of L’Estrange V Graucob say about written agreem.?
if agreement has been signed, terms are then binding whether read or not
What type of terms do written agreements apply to & case?
terms specific to matter at hand (Curtis V Chemical Cleaning & Dyeing)
What can potentially override written statements & when?
oral statements when important and relied upon
What is reasonable notice ?
when a term is available and brought to the attention of all involved
How can a reasonable notice be given ?
make it available, incl. in a reasonable place, & is it fair?
What cases displays when notice has been given and when it hasn’t ?
hasn’t- Chapleton V Barry UDC
has- Thompson V LMSR
What happens with harsh terms & case?
must be explicitly brought to attention of party (Interfoto)
What does the case of Blu-Sky show ?
courts may deem term invalid especially if it has been hidden from the other party
When can terms of prior dealings be used (as in Brit Crane Hire)?
when both parties are aware of the terms used then can be incorporated
What does Kendall V Williams say about prior dealings ?
approach must be regular & consistent with the prior dealings
What does the frequency of the prior dealings relate (case)?
Spurling- if often used arrangement then terms valid
How does the case of Spurling differ from McCutcheon V David?
M V D- no prior agreements, so no incorp.
How do tickets relate to terms ?
if terms included separately only incorp. if notice given
What do the courts consider when looking at tickets & case ?
was attention drawn to term?
was term incl. in reasonable doc. & place ?
were terms harsh (Parker V SER)?
