Is a common form of a contract binding upon one of the parties to the same contract whether he or she reads it or not?
Saskatchewan, Canada
The following excerpt is from Erickson v. Canadian Pacific Railway Company; Walstead v. Canadian Pacific Railway Company, 1927 CanLII 196 (SK QB):
This question was fully discussed in Watkins v. Rymill (1883) 10 Q.B.D. 178, 52 L.J.Q.B. 121, where it was held that there was nothing to take the case out of the general rule that if a document in a common form is delivered by one of two contracting parties to, and accepted without objection by, the other, it is binding upon him whether he informs himself of its contents or not.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether there was connivance between the parties in the context of the definition of a party to a marriage contract? (Saskatchewan, Canada)
What remedies are available to a party to a contract where the other party fails to complete the entire contract? (Saskatchewan, Canada)
Can a contract be made even if the contract is more precise than the contract itself? (Saskatchewan, Canada)
What is the test for determining whether there is an overwhelming imbalance of power between the stronger party and the weaker party? (Saskatchewan, Canada)
How have courts interpreted the terms of a contract where the contract is not enforceable and the contract does not specify terms? (Saskatchewan, Canada)
What is the test for common law common law spouses in common law relationships? (Saskatchewan, Canada)
What is the test for interpreting a contract where a clause in the contract requires a party to pay 100,000 of its covenants to pay £100,000? (Saskatchewan, Canada)
Does the addition of words “addition” to a contract between the parties affect the contract? (Saskatchewan, Canada)
What is the liability of a party in breach of a contract when the contract is breached? (Saskatchewan, Canada)
When a contract expressly states on its face that the agent filling in the contract is the agent of the applicant, is that agent valid or binding? (Saskatchewan, Canada)
