STANDARD FORM CONTRACTS AND EXCLUSION CLAUSES

Question 1

Incorporation: unsigned documents

Answer 1

Automatic car park – “ALL CARS PARKED AT OWNERS RISK” sign – ticket “issued subject to conditions as displayed” – driver did not read the displayed conditions – had he done so, may have not been injured – displayed notice waived liability of defendant – did exclusion clause exonerate defendant? – Thornton v Shoe Lane Parking p.494

Delivery of photo transparencies – notice with delivery featuring 9 conditions, including return date, holding fees, presumption of acceptance unless package immediately returned – “conditions” printed in capital letters – had to return in 14 days or holding fee charged – did not return before 14 days – was enough done to draw attention to label? – Interfoto Picture v Stiletto p.499

Car shipped across water, ship carrying it sinks – shipping contract was oral agreement, nothing signed, but money was paid and receipt given – were terms of the receipt actually terms of contract? – standard practice of shipping company was to ask for signed risk note with limiting liability conditions, but not this time – McCutcheon v David MacBrayne p.504

Question 2

Incorporation: signed documents

Answer 2

Car rental – asked if they want additional coverage which was their usual practice, says yes and signs contract – given copy of contract, never reads it, never read terms before signing which was obvious to the clerk – car accident – liability for damage to car because of rental company’s exclusion clauses featured in the contract? – very small print – did signor assent to these terms? – Tilden Rent-A-Car v Clendenning p.508

Breaks leg in skiing competition at resort – injured person says resort liable in negligence for failing to keep her safe – plaintiff had signed document before skiing that released resort of liability: “RELEASE AND INDEMNITY PLEASE READ CAREFULLY” at top of document – plaintiff doesn’t remember top of page, says did not read body of page, either – is plaintiff bound by it? – Karroll v Silver Star Mountain Resorts p.512