Business Case Studies & Business Publications

Contracts and Finality of Signature: The...

Pathak, Akhileshwa...

Case

Contracts and Finality of Signature: The Coys of Kensington Case

Pathak, Akhileshwar

IIMA-STR0447 | Published July 23, 2020 | 8 pages Case

Collection: Indian Institute of Management, Ahmedabad

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Learning Objectives

Customers often sign lengthy offer documents, running in several pages, without reading them or understanding their contents. Later, they discover the contract has exclusion clauses or unfavourable terms. Are the terms binding on the person? The case explores the UK High Court judgement in Coys of Kensington Automobiles Limited v Tiziana Pugliese, which is on the theme of the signing of an offer form. The case explores themes frequently encountered in forms, including the following: The font size is small and terms not conspicuous. The form refers to more terms without enclosing them. The applicant is not fully familiar with the language.

Effects of signing contract documents; Misrepresentation and signing of documents; Validity of contract clauses nullifying misrepresentation