Exclusion Clauses Flashcards
ToI
1.) L’Estrange v Graucob
Facts: • A slot machine was purchased by C
•Contract was signed
• C tried to claim for defectiveness
Judgment: No claim
L.P: • Terms were agreed to by C’s signature which is powerful evidence of assent
ToI
2.) Olley v Marlborough Court Hotel
Facts: • A couple went to stay at a hotel
• A notice on the bedroom door excluded liability for items stolen from the room
• some items were stolen
•Couple claimed for negligence by hotel
•Hotel states exclusion clause was in play
Judgement: Clause not part of contract
L.P: • Contract made at hotel desk so Terms was not incorporated into Contract
ToI
3.) Hollier v Rambler Motors
Facts: • C had his car repaired at D’s garage on three occasions over a period of 5 years
• on 2 occasions he signed a form
• Form stated company is not responsible for damage caused by fire to customers cars on premises
• C’s car was damaged by a fire caused by D’s negligence
Judgment: could not rely on clause
L.P: • Previous course of dealings incorporate a clause
ToI
4.) Chapelton v Barry UDC
Facts: • C wanted to hire a deck chair from D
• D paid to hire two chairs
• C received two tickets after purchasing
• on opposite side of ticket was printed “ the council will not be liable for any accident or damage arising from the hire of the chair”
• C was injured by chair
Judgment: Claim succeeded
L.P: • Small receipt didn’t constitute a document with terms on it
ToI
5.) Parker v South Eastern Railway
Facts: • C deposited his bag at a cloak room
• He received a ticket which said “see back” on back was printed a statement excluding liability for any bag exceeding ten pounds
• Statement was also pinned on a placard in the cloakroom
• D’s bag was worth more than £10 was lost and he sued
Judgment: Claim succeeded
L.P: •Reasonable notice was given
ToI
6.) Spurling v Bradshaw
L.P: • “Red hand test” -Lord Denning
• very significant clauses need to be highlighted to Claimant
Canada Steamship Lines v The King
L.P: •excluding liability for negligence requires very specific language
