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Terms incorporation
Express terms

Oral

Importance of the statement

BANNER V
WHITE
Buyer of hops asks
whether they were
treated with sulphur
(would not consider
them if they were)
held: a term of the
contract .


Special knowledge and skills
Where the term is made by someone with special knowledge…

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statement contract













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Written statement

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1. Signature
Irrelevent whether the party actually reads the document
















2. Notice
A term on a printed document will be part of the
contract

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Lord denning ­there shld be a red
arrow pointing at the harsh terms


Any term that comes after offer and acceptance would fail because there
is no cosideration.

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PARKER V SE RAILWAYS
Ticket had terms on the back that limited the train liabilityto £10 if
the bag was lost the bag was worth more than that HELD : would
be included if
If customer saw the terms
If they saw there was writing
Then its included even thoug

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3. Course of dealing
Where the parties have dealt together before
Any statement contained in a non contractual
document may nevertheless become a term of the

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contract where it is clear that both sides would have
had those terms in mind










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