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Express Terms

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Terms of a contract that are explicitly referred to in any document, notice or verbal agreement that is claimed to have contractual effect.

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When a written agreement is signed, the party is bound by everything it contains, even if they do not read it, in the absence of fraud or misrepresentation

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The term must be brought to the offeree in an appropriate manner - it cannot be introduced after acceptance.

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The terms must be set out in a document where one would usually expect to find contractual terms.

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If the term is present in writing before acceptance, the party seeking to rely on it but give adequate notice of the term.

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The onerous or burdensome the term, the more notice is required to bring it to the parties attention.

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The party seeking to enforce the onerous term must show that it was fairly brought to the party's attention

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In determining if a pre-contractual or oral statement is a term of the contract, the courts will the apply the test of intention.

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