LAWS3395 Lecture Notes - Lecture 1: Australian Consumer Law, Ebay, Oral Contract
Document Summary
A party who signs a document, in the absence of fraud or misrepresentation, which is known or could reasonably be expected to contain contractual terms is generally bound (l"estrange). Check to see if any of the headings apply below. Signature is evidence of willingness to take the chance of being bound to conditions whatever they may be (alphapharm) Document signed in blank: party signing in blank considered to have taken the risk that the document may be completed in some way other than intended (united dominions trust v. Signature cannot effectuate misstatements of fact: party cannot be bound by provision acknowledging facts where true facts are different (lowe v lombank) Electronic signature: webpage contained all relevant terms, i accept has same effect as a signature (ebay international) Consider if any exceptions apply: an exception to the general rule is .
