Where a contract incorporates by reference the terms of another document, the incorporating contract will usually prevail over the terms of document incorporated.
Buckley LJ said, ‘if any of the imported terms in any way conflict with the expressly agreed terms, the latter must prevail over what would otherwise be imported’
Judges:
Buckley LJ
Citations:
[1975] 1 WLR 1281, [1975] 2 All ER 549
Jurisdiction:
England and Wales
Cited by:
Cited – Inverclyde Council v Wilson and 10 Others EAT 5-Sep-2001
The complainants were local authority manual workers. The ‘blue book’ governing their terms required contracts to be for 37 hours unless justified otherwise, and for hours above that to be paid at overtime rates. These employees had contracts at 39 . .
Cited – Taylor v Rive Droite Music Ltd ChD 6-Jul-2004
The claimant music producer and songwriter had entered into a publishers agreement with the defendant, agreeing to work for it. He now sought to be free to work for another company. The factual background was unclear, and the contract documentation . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 06 December 2022; Ref: scu.180930