LLB170 Lecture Notes - Lecture 1: New Ferry, Train Ticket, Vending Machine
Document Summary
Explicit declaration of a particular promise in the contract itself. Express terms maybe: incorporated into the parties" contract. Course of dealing: found in statements made by the parties during their pre-contractual negotiations, combinations of 1 & 2 above, incorporation (a) signature incorporation of terms by signature. Legal instruments of various kinds take their efficacy from signature or execution. Such instruments are often signed by people who have not read and understood all their terms, but who are nevertheless committed to those terms by the act of signature or execution. "it is that commitment which enables third parties to assume the legal efficacy of the instrument. To undermine that assumption would cause serious mischief. L"estrange v graucob: i(cid:373)(cid:373)aterial if you do(cid:374)"t read/understand the contract - if you sign you are bound to the terms of the contract. Toll v alphapharm: stuck with l"estrange principle.
