Express Terms

The key case authority for the 'signature rule' is

• eBay v Creative Festival Entertainment

• DJ Hill v Walter H Wright

• hompson v London

• L’Estrange v Graucob

Written terms can be incorporated into a contract via:

• Signature

• Notice through signs

• Reference

• Everything mentioned

Parties will always be bound to a contract they have signed?

• Yes

• Only if they have read the contract

• Unless the document is misrepresented or not contractual

• Unless they cannot read

Curtis v Chemical Cleaning and Dyeing Co is authority for.....

• Signed documents

• Misrepresentation of content and effect of document

• No exceptions

• Dry cleaners

An example of when Non est factum defence can be used...

• person signing was at a relevant disadvantage

• person signing was at a relevant disadvantage

• party was not negligent in signing of thedocument

• only when all statements mentioned are met

Which factors must be considered for terms incorporated by notice?

• Reasonable steps must be taken and notice given before the contract formed

• reasonable notice after the contract is signed

• steps taken before contract is signed

• must be able to read and write

Thompson v London is an example where...

• Reasonable notice of the existence of the terms is given

• Written terms are included

• Contract documents may refer to other documents containing terms

• Signature used

Oral terms may be part of a contract if...

• they are representations made towards an agreement

• they are intended by the parties to form part of the contract

• they were mere puffs but recorded

• Both parties agree

Which of these are a key element for considering an oral statement is part of a contract?

• Knowledge or expertise of person making statement

• Position of authority

• Statement is true

• Statement made before signing

Which of these are a key element for considering an oral statement is part of a contract?

• Truth of statement

• Persons age

• Timing of the statement

• Type of contract