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Incorporating Terms Into Oral Contracts.
Member rating: No Rating | Words: | Submitted: Fri Sep 17 2004
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INCORPORATING TERMS INTO ORAL CONTRACTS Terms of a contract must be both obvious and apparent to both parties to be incorporated into the contract. A term will usually be considered to be incorporated into a contract if ; * The affected party knew of the clause * Reasonable steps have been taken to bring the term to his notice Courts look at the degree of notice when deciding if a party had reasonable notice of a term. The Degree of Notice Courts focus on whether the parties found it obvious that a term was intended to form part of a contract, if, however, it was not particularly obvious that a statement is part of a contract then nothing will be held. One case example is Chapelton v Barry UDC - In this case a receipt for the hire of a deckchair had printing on the back. It was held not to be the type of...
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