Incorporations Flashcards
(15 cards)
What are terms
If pre contractual statements are incorporated into the contract they become terms which must be followed
What are representations
If these statements are not incorporated, they are simply representations
Lestrange v Graucob
If something is written into the contract is signed this is incorporated even if not dead or understood
Inferto v stilleto
Unusual or onerous terms may not be incorporated without specific attention drawn to them
Curtis v chemical
Oral statements can be incorporated
Grogan v robin
Contractual documents apply, non contractual don’t
Chapelton v Barry
Exclusion clauses need to be clear to be incorporated
Parke v se railway
If reasonable steps are taken it can be incorporated
Thornton
The more onerous the term the clearer it must be
Birch v paramount
The more important the statement is the more likely it will be in the contract
Routledge v mickey
Date is not important when it’s not in the contract
Dick bently v Harold smith
If the representor has special knowledge, the statements they make are likely to be relied on
Oscar chess v Williams
Not reasonable to rely non experts opinion
Holier v rambier motors
Not frequent enough for a regular course of dealings
Spurling v Bradshaw
Frequent enough contracts to establish a regular course of dealings
