... created at this point, especially since there appears to be no evidence of fraud or misrepresentation. This document contained details including the names of the parties, cargo to be carried and the carriage cost. As such the contract may be seen as one which is entirely written, with the terms and conditions contained within it now being binding on Paul since he has signed it. The document had on its reverse side an exclusion clause which Lott believes covers the actions of its driver. Lott argues that this clause is part of the contract which Paul has signed, in line with the cases involving L'Estrange4 and Toll5. During the telephone conversations Paul mentioned to Lott the need for the proper refrigeration of the goods whilst in transport. Paul may argue that this requirement was an implied term of the contract which was intended to become part of the contract which he ...

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