Contractual terms past papers mark scheme

‘The courts have little sympathy for a party who claims that they are unaware of the

terms on which they have contracted’.

Discuss the extent to which it is true that any written statement of terms will be

incorporated into a contract, in light of the statement above. [50]

Mark Levels AO1 AO2

Level 5 21-25 17-20

Level 4 16-20 13-16

Level 3 11-15 9-12

Level 2 6-10 5-8

Level 1 1-5 1-4

Mark Levels AO3

Level 4 5

Level 3 4

Level 2 3

Level 1 1-2

Potential answers MAY:

Assessment Objective 1 (25)

Explain the rules on incorporation of contract terms by:

 Notice, that the terms must be available before the contract is concluded, citing

cases such as Thornton v Shoe Lane Parking, Olley v Marlborough Court Hotel

 Receipts, that a term included in a receipt cannot incorporate terms into a contract if

the contract has already been completed, citing cases such as Chapleton v Barry

UDC

 Tickets, that the ticket must have been available before the contract was completed,

or else that the parties were reasonably expecting there to be contractual terms on

the receipt, citing case such as Parker v SE Railway, Thompson v London Midland

and Scottish Railway

 Course of dealings, that where business dealings have been regular and consistent

a document containing printed terms may have contractual effect even if the terms

were not available before the contract was concluded, citing cases such as

McCutcheon v MacBrayne

 By signature, that signed terms are incorporated into a contract even if not read, and

that the court is reluctant to apply the doctrine of non…