Yes, but most of the things people are talking about here are not contracts, I think, so I don't think the doctrine you're referring to would be applicable. Compare these two situations:
Situation 1. There is a single document with the title "CONTRACT" signed by both parties. It starts with a list of definitions and continues with a list of things that each party promises to do.
Situation 2. There is a whole pile of documents to be signed by just one of the parties, the word "contract" is not mentioned, and most of the sentences in the documents give information (warning, disclaimer, whatever) rather than express some kind of obligation.
Some kind of (implicit) contract may be created in situation 2, and the documents may have some bearing on it, but the documents are clearly not "the contract".
It's more like signing to receive a parcel than signing a contract.
... What are you basing that on? In Canada at least that would absolutely be a contract.
We must be very careful not to confuse "common sense" or "obvious" or "that's what it intuitively means to me" with "law". Lots of people do that and lots of them pay the price :-(
Situation 1. There is a single document with the title "CONTRACT" signed by both parties. It starts with a list of definitions and continues with a list of things that each party promises to do.
Situation 2. There is a whole pile of documents to be signed by just one of the parties, the word "contract" is not mentioned, and most of the sentences in the documents give information (warning, disclaimer, whatever) rather than express some kind of obligation.
Some kind of (implicit) contract may be created in situation 2, and the documents may have some bearing on it, but the documents are clearly not "the contract".
It's more like signing to receive a parcel than signing a contract.