... and the effect of legislation on the clause (Koffman and Macdonald, The Law of Contract (2001) Chapter 9) The first question to be considered, therefore, is whether the exclusion clause is part of a contract, i.e. the incorporation of the clause. The first point to make is with regards to timing. Timing is an important consideration in incorporation. Once the contract is concluded, clauses introduced after that cannot be incorporated into the contract. The contract between Robert and the Salsa dance club concluded before the receipt was received by Robert. It was, consequently, too late to introduce the clause after offer and acceptance occurred. There is, however, an exception to this- the incorporation by the course of dealing. The incorporation by the course of dealing provides an argument in the sort of situation where the document containing the clause has arrived too late. The incorporation is based on the previous dealings ...

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