Incorporation of terms A01

Incorporation of oral terms - Importance

Where the statement is obviously important to the contract, it will be seen as a term of the contract.

Couchman v Hill

Representation or term

A term is an obligation in the contract

A representation is a promise in the negotiation stage

Incorporation of oral terms - specialist knowledge

specialists should know about what they are selling and therefore will be a term when in the contract - Dick bentley v Harold smith

Incorporation of oral terms - Time lag

If a contract is made after the statement is made and no reference to the statement is made, then it is unlikely that it will be viewed as a term - Routledge v Mackay

Incorporation of written - Written notice

The term must be incorporated before the offer is accepted - Thornton v shoe lane parking

Incorporation of written - Tickets

It is possible to exclude liability using a ticket as long as a jury would be satisfied sufficient notice was provided - Parker v SE tailway

Incorporation of written - Signing a contract

An electronically generated signature is also regarded as a binding signiture - Neoclaus v Rees

If they have signed it, it is assumed they have read it and would be bound by all the terms - Lestrange v Graucob

Harsh/Unusual terms

If one party wants to incorporate a harsh or unusual term into a contract then they must bring this to the attention of the other party or it must be clearly a prominent feature of the contract - Interfoto v Stilleto