Contract Enforceability After Failure To Disclose Terms

neilkettle | 13:41 Tue 10th Mar 2015 | Law

3 Answers

If a contract A states that the terms of another contract B are included by reference, the existence of the other contract B is not confirmed, if contract B is not disclosed to the other party prior to consent, is contract B and indeed A enforceable? Further, is there a duty on the other party, not knowing if contract B exists, to request its disclosure?

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Zacs-Master

How can anyone claim contract B does not exist when it is mentioned in contract A?

neilkettle

Question Author

The Contract is between parties Y and X, contract A says all terms of any contract between X and Z (X's client) is enforceable. That statements does not directly imply that such a contract exists and no mention was made elsewhere.

Peter Pedant

Sorry my last answer was" blued" out

It is normal in some contracts such as the building trade to refer to standard Terms and conditions ( its got a phrase - I am not a builder )

and yes I would have thought the signer has to find out what he is signing to

You use the word existence rather than notice -
would you say something existed if you didnt know about it?
I certainly would

Can you have knowledge of something that doesnt exist _ hmm not sure about that one

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