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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 |
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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 |
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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 |