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UK · Year 1 · Contract Law

Incorporation, Privity & Interpretation

Getting terms into contracts and reading them.

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  1. 1.Olley v Marlborough Court Hotel [1949] — principle?

    A term notified after the contract has been made (a notice in the hotel bedroom) is not incorporated.

    [1949] 1 KB 532 (CA)

  2. 2.Thornton v Shoe Lane Parking [1971] — principle?

    An onerous or unusual term must be fairly brought to the customer's attention before the contract is formed (the ticket machine case).

    [1971] 2 QB 163 (CA)

  3. 3.Interfoto Picture Library v Stiletto Visual Programmes [1989] — held?

    A particularly onerous clause in standard terms is not incorporated unless fairly and reasonably brought to the other party's attention.

    [1989] QB 433 (CA)

  4. 4.Hongkong Fir Shipping v Kawasaki Kisen Kaisha [1962] — significance?

    Created innominate (intermediate) terms: whether breach allows termination depends on whether it deprives the innocent party of substantially the whole benefit of the contract.

    [1962] 2 QB 26 (CA)

  5. 5.Tweddle v Atkinson (1861) — principle?

    Privity of contract: a third party cannot sue on a contract even if it was made for their benefit. Now subject to the Contracts (Rights of Third Parties) Act 1999.

    (1861) 1 B & S 393

  6. 6.Arnold v Britton [2015] — approach to interpretation?

    Courts focus on the natural and ordinary meaning of the words in context; commercial common sense should not be used to rewrite clear language.

    [2015] UKSC 36; Wood v Capita [2017] UKSC 24

  7. 7.Ruxley Electronics v Forsyth [1996] — held?

    Where cost of cure (rebuilding a pool to the right depth) was out of all proportion to the benefit, the owner received a modest award for loss of amenity instead.

    [1996] AC 344 (HL)

  8. 8.Attorney-General v Blake [2001] — held?

    In exceptional cases an account of profits is available for breach of contract (the spy's memoir royalties).

    [2001] 1 AC 268 (HL)