Can conditions printed on a signed time sheet be incorporated into a hire contract already agreed?
A reference to standard conditions on a signed time sheet looks like it binds. It usually does not: a time sheet records performance, and is not the kind of document expected to carry contract terms.
Not by itself: signing a time sheet that refers to standard conditions does not make those conditions part of the contract, because Grogan v Robin Meredith Plant Hire held that a record of hours or payment of that sort rarely takes contractual effect, and conditions must be incorporated when the contract is made
Not by itself. Signing a time sheet that refers to standard conditions does not mean those conditions become part of the contract, or replace conditions already agreed. Grogan v Robin Meredith Plant Hire held that such a record, whether a time sheet, an invoice or a statement of account, is not usually a contractual document: it evidences performance of an obligation already owed and is not one a reasonable person would expect to contain contract terms. On those facts the conditions printed at the foot of the signed time sheets were not incorporated, and the contractor was not liable to indemnify the hire company. If standard conditions are to govern, they must be brought in when the contract is made, in the order or the hire agreement, not afterwards on a record of hours worked.
| The record | A time sheet records performance of an existing obligation |
| Grogan v Robin Meredith | Such a record does not usually bind the parties |
| Not incorporated | Conditions at the foot did not bind the hirer |
| When to incorporate | Bring conditions in when the contract is made |
| Reasonable expectation | Is this a document expected to carry contract terms? |
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