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Incorporation of Terms by Signature: L'Estrange Rules!

Elisabeth Peden
University of Sydney - Faculty of Law

John Carter
University of Sydney - Faculty of Law

Journal of Contract Law, Vol. 21, No. 1, pp. 96-106, 2005
Sydney Law School Research Paper No. 07/54

Abstract:
The decision in Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd gave the High Court the opportunity to correct some misunderstandings about incorporation of terms into contracts by signature and in so doing to confirm that L'Estrange v F Graucob Ltd remains good law in Australia. The High Court further stressed the importance of the objective approach of contract law to formation and interpretation. It also found yet another opportunity to comment on the use of 'surrounding circumstances' as an aid to the interpretation of contracts, a subject on which it has trod several different paths in recent times.

Keywords: Contract law, incorporation of contract terms, signature, commercial construction

JEL Classifications: K12, K10

Accepted Paper Series

Date posted: July 31, 2007 ; Last revised: July 31, 2007

Suggested Citation

Peden, Elisabeth and Carter, John, Incorporation of Terms by Signature: L'Estrange Rules!. ; Sydney Law School Research Paper No. 07/54. Available at SSRN: http://ssrn.com/abstract=1003947

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Contact Information

Elisabeth Peden (Contact Author) University of Sydney - Faculty of Law ( email ) Faculty of Law Building, F10 The University of Sydney Sydney, NSW 2006 Australia
John Carter University of Sydney - Faculty of Law ( email ) Faculty of Law Building, F10 The University of Sydney Sydney, NSW 2006 Australia

Abstract

Footnotes (46)

Date posted: July 31, 2007 ; Last revised: July 31, 2007

Suggested Citation

Contact Information

Elisabeth Peden (Contact Author)

John Carter