First Principles of Business Law

The contents of a contract
3. Express and implied agreement to terms

3.4. Inclusion of terms by reference to other documents

 

 

 

Read the facts and the question and then choose the best answer.

A is a courier. When she collects parcels from B for delivery, she makes B sign a document which says:

'This delivery is undertaken on the terms and conditions contained in A's Standard Courier Contract.'

B does not have a copy of this document, but knows that it is obtainable on request from A. Is B bound by the terms in A's Standard Courier Contract?

(a) Yes, the terms become incorporated into the contract by the reference made to them.

(b) No, the terms cannot be incorporated into the contract by mere reference: they would have to be set out in the main contract.

 

 

 

 

 

 

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