LAWS 3003 Lecture Notes - Lecture 11: Standard Form Contract, Vehicle Insurance, Vending Machine
Document Summary
Week 11: the content of contractual obligation iii: Freedom to contract: due to the "boiler plate" type of contracts, the freedom to set your own terms is diminishing. Standard form contracts are making the freedom less available, by creating "standard terms" and exclusion clauses. Standard form contracts: extremely prevalent in modern law, they can be extremely complex, example: the standard contract you sign when opening a new bank account, these contracts are drafted with the knowledge of 1000s of banking law cases. If the answer is no, then the clause is not binding. If the answer is no, then the clause is not in effect. If the answer is yes, then they move to the final question: are there any overriding factors which limit or preclude the application of the exclusion clause, more detail on each of the questions: If you want to make sure a contract is enforced, always get it actually signed.
