Exclusion clauses

• Incorporation

  • Signed documents, L'Estrange v Graucob
  • Exception, deceived into signing in, Curtis v Chemical Cleaning Co
• Unsigned documents

  • ticket or a notice
• Chappleton v Barry VDC

  • receipt is not a contract of term, as they had already paid their money
• Olley v Marlborough Court

  • theft from hotel
  • won as exclusion clause was made known after she entered the contract
• Thornton v Shoe Lane Parking

  • terms and conditions at front of the car park
• Thompson v LMS Railway

  • conditions on back of train ticket
  • plaintiff couldnt read, court found it reasonable enough
• Previous dealing

  • even if there is insufficient notice, an exclusion clause may be incorporated if there is a previous consistent course of dealing between parties on the same terms
  • Spurling v Bradshaw- spurling could rely on exclusion clause as it had been in previous contracts, despite being late one time
• Hollier v Rambler Motors

  • Considerable number of past transactions may be required
• British Crane Hire v Ipswich Plant Hire

  • conditions were that of common business so they were still valid
• Privity of contract

  • person who is not a party to the contract was not protected by an exclusion clause
• Collateral contracts

  • exclusion clauses may not be included into the collateral contract
  • Andrews v Hopkinson
• The battle of the forms

  • contract that is valid is the one made by the last set of terms sent