Identifying Express Terms

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This article is a topic within the subject Contracts.

Required Reading

Paterson, Robertson & Duke, Contract: Cases and Materials (Lawbook Co, 11th ed, 2009), pp. 339-340 [12.05].

Introduction

[1] Express terms are terms which are expressly agreed between the parties - these are found in statements made in 'negotiations, signed and unsigned documents. They can be incorporated through:

  • Notices
  • Displays on a party's premise
  • Documents delivered at the time the contract was made
  • Through the course of dealings between the parties

The courts identify the terms of a contract objectively[2], similarly to Acceptance.

References

Casebook refers to Paterson, Robertson & Duke, Contract: Cases and Materials (Lawbook Co, 11th ed, 2009).

Textbook refers to Paterson, Robertson & Duke, Principles of Contract Law (Lawbook Co, 3rd ed, 2009).

ACL refers to the Australian Consumer Law.

  1. Casebook, pp. 339-40 [12.05]
  2. Reardon Smith Line v Hansen- Tangen [1796] 1 WLR 989
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