WK 7 - Case law Flashcards
Sundolitt v Addison [2017]
Indication of assent [express terms]
After leaving the pursuer’s employment, the defendant began working as a self-employed sales agent in the same industry as the pursuer. The pursuer alleged that the defendant breached the Restrictive Covenant Agreement and sought interdict, interim interdict, and damages.
Montgomery Litho Ltd v Maxwell [1999]
Printer
- Maxwell’s company had contract with printing company.
- Maxwell liquidation.
- Wanted to recover printing price from M.
- Although contract said M was liable, court held there was no fair notice of term.
[Note: English law]
Brandon Hire PLC v Russel (2010)
[It’s right there!]
- Hire company sue director bc couldn’t pay.
- Director was liable as signed directly below words in contract making him liable.
Taylor v Glasgow Corporation [1952]
Fall down stairs. | Ticket or voucher? Reasonable notice?
‘For conditions see other side’ | ‘The Corporation of Glasgow are NOT responsible for any loss, injury or damaged sustained by persons entering or using this establishment or its equipment’
Mrs Taylor falls down stairs.
Court ruled ticket served three purposes:
(1) Check how many people were using
(2) Receipt of purchase
(3) Voucher of services
So she’s not liable
Thornton v Shoe Lane Parking (1971)
Machine
Notices - reasonable sufficiency of notice test
Offer: Machine ready to receive money.
Acceptance: Placing money in the slot machine.
Ticket: ‘This ticket is subjected to the conditions of issue as displayed on the premises’
Exclusion notice shown after ticket paid.
Indigo Park Services Ltd v Watson (2017)
Prominent sign outside and several inside.
Notices valid and carpark owner could recover costs of fines as they were clearly displayed, even though terms were not.
Chapelton v Barry Urban District Council (1940)
Beach chairs
Deck chairs on brach - offer
Removing chair - acceptance
Injured whilst removing chair. Council liable for his injury because sign made no reference to exclusion clause.
Olley v Marlborough Court Ltd (1949)
Hotel
Items stolen from hotel bedroom.
Notice of exclusion only in bedroom. Unfair notice.
Parker v South Eastern Railway Co (1877)
Cloakroom ticket
Ticket: Company not reliable for package exceeding £10
Any reasonable person ought to release such document would contain terms.
Thomson v London, Midland and Scottish Railway Co (1930)
Niece
- Niece bought ticket for T who couldn’t read.
- Railway successfully defended case.
- Ticket referred to excursion bill which referred to timetable.
McCuthceon v MacBrayne (1964)
Not this one | Ferry
Risk note: 3-4,000 words of conditions
Note was signed on four previous occasions but not this one.
Note: Lost car on ferry which had sunk. His brother entered contract (booked car) for him. Both often used ferry; necessary to live. Exemption clause in risk note exempting liability for shipper.
Inconsistencies so term not incorporated.
British Crane Hire Corporation Ltd v Ipswich Plant Hire Ltd (1975)
Where parties are in the same trade, it is easier to establish a course of dealing.
WS Karoulias SA v Drambuie Liqueur Co Ltd (2005)
Previous dealings
A course of dealing may also preclude contractual effect.
Distribution of whisky in Greece.
Last contract had not been signed, others always signed so could not rely on this one.
Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd (1988)
Unusual or onerous terms:
- Fee for return of late photos.
- £5 per week. 4 weeks late, but £3.7k.
- IPL could only recover fees assessed on a quantum meruit basis.
Bank of Scotland v Dunedin Properties 1998
Ordinary meaning
- Rate of interest.
- If there’s a meaning through ordinary words, no need for restoration.
