Exclusion Clauses (2)
However there is an exception... If a party has been misrepresented, they will not be bound due to their signature... CASE: "Curtis v Chemical Cleaners". In this case the claimant took her wedding dress to be dry cleaned and the cleaning company stated they wouldn't be liable for any damage to beads or sequins. HELD: This wasn't true as the document excluded liability for 'any damage howsoever arising'. The dress was returned badly stained... she wasn't bound by her signature.
Unsigned documents (Notices, tickets, receipts etc): "These can be drafted anytime or before the contract, but it must be brought to the other parties attention".LEADING CASE: "Olly v Marlborough Hotel". In this case a contract was made at reception, but there was a notice in the hotel bedroom. The claimant had valuable furs stolen from her room. HELD: The words hasn't been incorporated into the contract, as it was brought to Olly's attention too late. CONFIRMED IN ---> CASE: "Thornton v Shoe Lane Parking". In this case a claimant parked his car in the defendant's car park, and was issued a ticket. There was an exclusion clause printed on the ticket and had a reference to a notice in the car park in small print. The claimant suffered an accident and damage to his car. HELD: The company were liable for the injury caused and damage to the car, and the clause was referred to far too later on ... unreasonable.
AO2 (Red Hand Red Ink rule emerges): Lord Denning stated in Thornton that if clauses are onerous and destructive of rights then something drastic must occur and it must be brought to the other party's attention.