Incorporation of Terms by Signature: L'Estrange Rules!

Journal of Contract Law, Vol. 21, No. 1, pp. 96-106, 2005

Sydney Law School Research Paper No. 07/54

12 Pages Posted: 31 Jul 2007

See all articles by Elisabeth Peden

Elisabeth Peden

The University of Sydney - Faculty of Law

John Carter

The University of Sydney - Faculty of Law

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 Classification: K12, K10

Suggested Citation

Peden, Elisabeth and Carter, John, Incorporation of Terms by Signature: L'Estrange Rules!. Journal of Contract Law, Vol. 21, No. 1, pp. 96-106, 2005, Sydney Law School Research Paper No. 07/54, Available at SSRN: https://ssrn.com/abstract=1003947

Elisabeth Peden (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

John Carter

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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