Date: Fri, 12 Nov 2004 15:41:06 -0500

From: Jason Neyers

Subject: New HC Aus Contracts case

Colleagues:

The High Court of Australia has just released Toll (FGCT) Pty Limited v Alphapharm Pty Limited [2004] HCA 52 (11 November 2004). From the headnote:

Contract - Construction and interpretation - Terms - Officer of a corporation authorised to contract on corporation's behalf - Contractual document signed by officer contained onerous terms - Officer failed to read document - Conclusiveness of act of signature or execution - rule in L'Estrange v Graucob [1934] 2 KB 394 - ambit and operation of rule -Whether notice of onerous terms or exclusions required.

Cheers,

--
Jason Neyers
Assistant Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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