Australia Leading Case incorporationoffer and acceptance

Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd

(2004) 219 CLR 165

JurisdictionAustralia

CourtHigh Court of Australia

Year2004

StatusBinding authority

Summary

A party who signs a contractual document is bound by its terms whether or not they read or understood them, affirming the objective theory of contract.

Key Principle

objective theory of contract; a party is bound by the terms of a document signed regardless of whether they read it

Area of Law

Contract

Related Cases

Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451

An agent's ostensible authority is determined by what the principal communicated to the third party, not by private arrangements between principal and agent.

Equuscorp Pty Ltd v Glengallan Investments Pty Ltd (2004) 218 CLR 471

Entire agreement clauses and the parol evidence rule preclude reliance on extrinsic implied terms inconsistent with a written contract.

Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337

Sets out Australian law on implication of terms and permits extrinsic evidence of surrounding circumstances where contractual language is ambiguous.

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