End-of-chapter questions: Answer Guidance 11.2

Identifying the terms of a contract

This question requires careful consideration of whether clauses (a) and (b) are incorporated into the contract. You must decide when the contract is made. Is it over the telephone? Is it when the email is opened? If at either of those times you might argue that it is too late to include other terms. But perhaps you could say that Clause (b) means the contract should only irrevocably become binding 14 days after the email is opened, or that the existence of Clause (b) means that it is reasonable to include the term. This may be considered strained; Clause (a) is clearly very onerous. Of course, even if the term is incorporated, it may be struck down as unreasonable under UCTA 1977 (see Chapter 15).