Law and Justice

Question 1

Olley v Marlborough Court Hotel

Answer 1

• Exclusion clause was invalid as it had not been brought to Mrs Olley’s attention when she booked in at reception.

Question 2

Spurling v Bradshaw

Answer 2

• Lord Denning - more harsh or unusual term is in small-print, the more it needs to brought to the attention of the person signing it.

Question 3

Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Ltd v Beavis

Answer 3

• L Hodge: Correct tests for penalty is whether sum or remedy as a consequence of breach of contract is exorbitant.
• Idea of justice applied, (El Makdessi) court held provisions contained in the agreements were there to protect legitimate interests of the buyer.
• Parking Eye, £85 unreasonably high sum, there were clear legitimate commercial interests that were to be protected by the fine.