LAWS 203 - 'Terms'

Front

What are the two requirements for Incorporation by notice?

Back

That the incorporation be timely and reasonably sufficient.

Front

Discuss the first requirement using case law.

Back

'Timely' requires that the notification must be given prior to the formation of the contract. This is why, in the case of Olley, the court held that because the notification was untimely given in that the Olley's were made aware of it after offer and acceptance had occurred, the term excluding the hotels liability for stolen goods, was unsuccessfully integrated into the contract.

Front

What if a term is unreasonably unusual? How can such a term be incorporated? Why?

Back

In the case of Bradshaw, the court held that if you have a particularly unreasonable term, then special notice must begiven, in order to incorporate such a term.

Front

How can special notice be given for such a term?

Back

Denning LJ stated that 'special notice' requires that the party wishing to incorporate such a term, must take special steps to highlight it (such as coloring the terms in a red font, with an arrow pointing at it) in order to effectively bring the term to the attention of the other party.