To sign or not to sign?
Toll (FGCT) Pty Ltd (formerly Finemores GCT Pty Ltd) v Alphapharm Pty Ltd & Ors
In the recent decision of Toll (FGCT) Pty Ltd (formerly Finemores GCT Pty Ltd) v Alphapharm Pty Ltd & Ors, a unanimous High Court upheld the well known principle in the old UK case of L’Estrange v F Graucob Ltd (1934) 2 KB 394, that when a document containing contractual terms is signed, in the absence of fraud or misrepresentation, the parties signing the document are bound by its terms and it is wholly immaterial whether the parties have read the terms or not.
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