Question
Can terms be contained elsewhere than the main contract? Which of the following is correct? Terms cannot be implied from other documents, only those documents
Can terms be contained elsewhere than the main contract? Which of the following is correct?
Terms cannot be implied from other documents, only those documents which have been attached to the main contract can be considered to contain terms of the contract
b.Legislation in Australia prohibits the incorporation of notices etc. which are not contained in the main sighted and signed contract
c.If notices are placed near the contracting parties, then these automatically become part of the main contract, and any terms contained will apply, simply by the fact that the contracting party must have read those notices
d.A contract may refer to other documents or notices which contain terms or conditions; however these other documents must have been brought to the notice of the party to whom they apply
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