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Unfair terms

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  • Olley v Marlborough Court
  • L'Estrange v Graucob
  • Curtis v Chemical Cleaning
  • Thompson v LMS Railway
  • Interfoto Picture Library v Stilletto
  • Spurling v Bradshaw
  • McCutcheon v MacBrayn
  • Hollier v Rambler Motors
  • British Crane Hire v Ipswich Plant Hire
  • Chapleton v Barry
  • A term printed on the back of a ticket for the hire of a deck chair was not incorporated
  • A term may be incorporated through previous dealings
  • A term may be incorporated through a custom within a trade
  • A person is not bound by terms where they have been misrepresented
  • D need only do what is reasonable to bring the term to the attention of a reasonable person
  • If a term is particularly onerous, greater steps should be taken to draw it to the attention of the contracting party
  • There must be a sufficient course of transactions to incorporate a term
  • Previous dealings must be consistent to incorporate a term
  • A term can not be incorporated after the contract has been made
  • A person is bound by terms signed for irrespective of whether they read them