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Incorporated Terms
| Question | Answer |
|---|---|
| What is meant by incorporation by signature? | A clause will be incorporated into a contract if it is contained in a contractual document which is signed by the party attempting to deny the existence of the clause |
| Name a case in which incorporation by signature was validated even if the document is not read? | L'Estrange v Gracoub |
| What case proved that failure to furnish a copy of the conditions referred to by express reference does not preclude their incorporation? | AIB v Galavin Development |
| Name a case in which a delivery docket which contained no reference to terms was held not to have incorporated the terms? | Noreside Construction v Irish Asphalt |
| What is meant by incorporation by notice? | Were the terms adequately brought to the plaintiff's notice |
| What case illustrated that notice must be given on or before contract formation? | Olley v Marlborough Court |
| Name a case in which it was held that an exemption clause was not sufficiently brought to the attention of the plaintiff? | Western Meats v National Ice and Cold Storage |
| Name a case in which terms were incorporated through a previous course of dealing? | Spurling v Bradshaw |
Created by:
sineadgriffin
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