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3 Cards in this Set

  • Front
  • Back
If you sign a contractual document then the clauses in the document will normally be incorporated as part of the contract
L'estrange
- must of been signed
- doc must be contractual in nay ire.
- legible
- effect described accurately - curtis
document must be contractual in nature - Chapelton

inn cone part must be aware of clause or other party taken reasonable steps to bring it to other's intention.
- BEFORE contract is made - Parker
factors for reasonable steps.
- position of clause
- prominence of the clause
- type and nature of the clause e.g. onerous

must draw attention to onerous clauses - Thornton
must of had a sufficient number of regular dealings
(Spurling)

3 or 4 times over 5 not enough - Hollier

dealings must be consistent McCutcheson
Summary:
Signature - signed contract which has legible and accurate terms
Notice - aware of clause or brought to attention before contract is created
Course of dealings - 'consistent' dealings between parties