Express Terms

Question 2

What are express terms?

Answer 2

Terms that are intended to be binding and incorporated into the contract.

Question 3

How can express terms be incorporated into a contract?

Answer 3

1. Signed written contract (binding even if unread).
2. Incorporation by notice (reasonable steps to bring terms to attention).
3. Incorporation by consistent and regular course of dealing.

Question 4

What is the effect of signing a written contract?

Answer 4

It makes the express terms binding, even if the signer has not read the document.

Question 5

What is incorporation by notice?

Answer 5

Reasonable steps must be taken to ensure the party is aware of the terms.

Question 6

What does “consistent and regular course of dealing” mean?

Answer 6

Terms can be incorporated if parties have a history of dealing in a consistent manner that includes those terms.