Contract Document

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A Contract Document is a contract agreement that is a formal document (between two or more parties, outlining specific terms and conditions of an agreement).




  • (Wikipedia, 2024) ⇒ Retrieved:2024-5-6.
    • A contract is often evidenced in writing or by deed. The general rule is that a person who signs a contractual document will be bound by the terms in that document. This rule is referred to as the rule in L'Estrange v Graucob or the "signature rule".[1] This rule was approved by the High Court of Australia in Toll(FGCT) Pty Ltd v Alphapharm Pty Ltd.[2] The rule typically binds a signatory to a contract regardless of whether they have actually read it,[1][2] provided the document is contractual in nature. [3] However, defences such as duress or unconscionability may enable the signer to avoid the obligation. Further, reasonable notice of a contract's terms must be given to the other party prior to their entry into the contract.[4] [5]

      Written contracts have typically been preferred in common law legal systems. [6] In 1677 England passed the Statute of Frauds which influenced similar statute of frauds laws in the United States and other countries such as Australia. In general, the Uniform Commercial Code as adopted in the United States requires a written contract for tangible product sales in excess of $500, and for real estate contracts to be written. If the contract is not required by law to be written, an oral contract is generally valid and legally binding. [7] The United Kingdom has since replaced the original Statute of Frauds, but written contracts are still required for various circumstances such as land (through the Law of Property Act 1925).

      Nonetheless, a valid contract may generally be made orally or even by conduct.An oral contract may also be called a parol contract or a verbal contract, with "verbal" meaning "spoken" rather than "in words", an established usage in British English with regards to contracts and agreements, and common although somewhat deprecated as "loose" in American English.[8] An unwritten, unspoken contract, also known as "a contract implied by the acts of the parties", which can be legally implied either from the facts or as required in law. Implied-in-fact contracts are real contracts under which parties receive the "benefit of the bargain".[9] However, contracts implied in law are also known as quasi-contracts, and the remedy is quantum meruit, the fair market value of goods or services rendered.

  1. 1.0 1.1 L'Estrange v Graucob (1934) 2 KB 394.
  2. 2.0 2.1 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) HCA 52, (2004) 219 CLR 165 (11 November 2004), High Court (Australia).
  3. Curtis v Chemical Cleaning and Dyeing Co [1951] 1 KB 805
  4. Balmain New Ferry Co Ltd v Robertson (1906) HCA 83, (1906) 4 CLR 379 (18 December 1906), High Court (Australia).
  5. Baltic Shipping Company v Dillon (1993) HCA 4, (1993) 176 CLR 344, High Court (Australia).
  6. Michida S. (1992) Contract Societies: Japan and the United States Contrasted. Pacific Rim Law & Policy Journal.
  7. international principle
  8. Garner, Bryan A. (1999). Black's Law Dictionary: Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern. West Publishing Company. ISBN 978-0-314-15234-3.
  9. BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) UKPC 13, (1977) 180 CLR 266, Privy Council (on appeal from Australia).