When is a Signed Document Contractual? - Taking the 'Fun' out of the 'Funfair'
AbstractThe primary focus of this article is the recent decision of the Victorian Court of Appeal in Le Mans Grand Prix Circuits Pty Ltd v Iliadis, where the court had to consider whether a document signed by the Plaintiff, or the transaction he entered into, was contractual. In so doing, the court had to consider the applicability of the rule in L'Estrange v Graucob relating to signed documents. The fact that the court split 2:1 shows that it is not always easy to determine whether a signed document is contractual.
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