Express terms

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*).