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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

  1. Express terms are those explicitly agreed by the parties, orally or in writing.
  2. Incorporation by Signature: A signature binds a party to the terms (*L'Estrange v Graucob*), unless there is misrepresentation (*Curtis v Chemical Cleaning*).
  3. 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*).
  4. Incorporation by Course of Dealing: Requires dealings to be sufficiently regular and consistent over a period of time (*McCutcheon v David MacBrayne*).