The Incorporation of Contractual Terms in Unsigned Documents - Is It Time for a Realistic, Consumer-Friendly Approach?

The common law relating to the incorporation of terms in standard form contracts has generally failed to reflect the reality of the circumstances. Many of these transactions are consumer transactions. They should be classified as such and differentiated from commercial transactions. This classification should attract its own legal approach that utilises notions of the reasonable expectations of consumers, an effective and practical notice requirement as well as the concept of unfair contract terms.