context: This standard is strict -- courts have held that vague references in a contract to a general class of documents are not sufficient to incorporate an extrinsic document by reference in the contract.
citation_a.signal: no signal
citation_a.identifier: 3 F.Supp.3d 163, 163
citation_a.parenthetical: granting a motion to dismiss and finding that a statement in the contract at issue -- "may contain other terms and conditions" -- was not sufficient to incorporate extrinsic representations into the contract
citation_a.sentence: Ward, 3 F.Supp.3d at 163 (granting a motion to dismiss and finding that a statement in the contract at issue — “may contain other terms and conditions” — was not sufficient to incorporate extrinsic representations into the contract); see also Sea Trade Co. v. FleetBoston Fin. Corp., No. 03 CIV. 10254(JFK), 2007 WL 1288592, at *4 (S.D.N.Y. May 1, 2007) (denying motion for summary judgment and finding that a separate document containing additional terms and conditions was not incorporated by reference into the contract because the contract only made reference to the general “regulations” and “rules” of the Bank and did not “expressly name the Terms and Conditions as the document that contained the applicable regulations”); Shark Info. Servs.
citation_b.signal: see also
citation_b.identifier: 2007 WL 1288592, at *4
citation_b.parenthetical: denying motion for summary judgment and finding that a separate document containing additional terms and conditions was not incorporated by reference into the contract because the contract only made reference to the general "regulations" and "rules" of the Bank and did not "expressly name the Terms and Conditions as the document that contained the applicable regulations"
citation_b.sentence: Ward, 3 F.Supp.3d at 163 (granting a motion to dismiss and finding that a statement in the contract at issue — “may contain other terms and conditions” — was not sufficient to incorporate extrinsic representations into the contract); see also Sea Trade Co. v. FleetBoston Fin. Corp., No. 03 CIV. 10254(JFK), 2007 WL 1288592, at *4 (S.D.N.Y. May 1, 2007) (denying motion for summary judgment and finding that a separate document containing additional terms and conditions was not incorporated by reference into the contract because the contract only made reference to the general “regulations” and “rules” of the Bank and did not “expressly name the Terms and Conditions as the document that contained the applicable regulations”); Shark Info. Servs.