(b) No. On the available information, this is not the best answer. B would probably be bound by the terms referred to. The law allows terms to be incorporated into a contract simply by referring to them and making clear where they may be found, rather than setting them out in full. It is usually irrelevant that one party has not taken the opportunity to examine those terms.

However, recent cases suggest that if particular terms are unusual or onerous it may be necessary for some more precise communication of their content before someone in B's position would be bound. We will see an example of such a case a little later.