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Abstract
When is a Signed Document Contractual? - Taking the 'Fun' out
of the 'Funfair'
Bruce Clarke & Steve Kapnoullas
The primary focus of this article is the recent decision of the Victorian Court
of Appeal in Le Mans Grand Prix Circuits Pty Ltd v Iliadis, where the court had
to consider whether a document signed by the Plaintiff, or the transaction he
entered into, was contractual. In so doing, the court had to consider the applicability
of the rule in L'Estrange v Graucob relating to signed documents. The fact that
the court split 2:1 shows that it is not always easy to determine whether a signed
document is contractual.
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