2.1.1 Incorporation of Express Terms

Thornton v Shoe Lane Parkin Key Principle

Sufficient notice must be given on time, and terms detailed after contract formation are not incorporated into the contract

Interfoto Picture Library Key Principle

Particularly onerous terms require special notice

Lord Bingham in Interfoto Picture Library

incorporation of onerous terms should be read in the context of good faith and fair dealing

When was the contract formed in Thornton v Shoe Lane Parking?

When the ticket was paid for, not when the ticket was issued

Timing Rule in Thornton

terms must be drawn to the other party’s attention before or at the moment of contracting, not after.O

Onerous Terms Rule in Thornton

the more onerous the term, the more explicit notice is required.

How did Interfoto Picture Library develop Thornton?

Defendants must now show that particularly onerous conditions were sufficiently brought to the attention to the other party.

Signature Rule in L’Estrange v Graucob

when a person signs a contractual document, they are bound by its terms even if they have not read them

Nature of Document Rule under L’Estrange

Signature Rule only applies where it is apparent to the signer that they are signing a contractual document

Curtis v Chemical Cleaning

Signature Rule does not apply for fraud or misrepresentation

Amiri Flight Authority

Signature rule may not apply if customers were under pressure and did not have time to read the document

Evaluate the signature rule

it does not always act equitably but it ensures legal certainty