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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.

Number of Pages in PDF File: 12

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

JEL Classification: K12, K10

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Date posted: 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

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
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