9084 · 3.2.1
Express terms
**Express terms** (3.2.1) are the promises explicitly agreed by the parties. This topic examines how terms become part of a contract (incorporation) and how they are classified, as their **classification** determines the **remedy available on breach**.
Need to know
What you need to know
- Express terms are those explicitly agreed by the parties, orally or in writing.
- Incorporation by Signature: A signature binds a party to the terms (*L'Estrange v Graucob*), unless there is misrepresentation (*Curtis v Chemical Cleaning*).
- Incorporation by Notice: Notice of the terms must be given before or at the time of contracting (*Thornton v Shoe Lane Parking*). Onerous terms require greater notice (*Interfoto*).
- Incorporation by Course of Dealing: Requires dealings to be sufficiently regular and consistent over a period of time (*McCutcheon v David MacBrayne*).
Explanation
Express terms
- Express terms are those explicitly agreed by the parties, orally or in writing.
- Incorporation by Signature: A signature binds a party to the terms (*L'Estrange v Graucob*), unless there is misrepresentation (*Curtis v Chemical Cleaning*).
- Incorporation by Notice: Notice of the terms must be given before or at the time of contracting (*Thornton v Shoe Lane Parking*). Onerous terms require greater notice (*Interfoto*).
- Incorporation by Course of Dealing: Requires dealings to be sufficiently regular and consistent over a period of time (*McCutcheon v David MacBrayne*).