Incorporation of Terms by Signature: L'Estrange Rules!
Journal of Contract Law, Vol. 21, No. 1, pp. 96-106, 2005
12 Pages Posted: 31 Jul 2007
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: Suggested Citation