Reasonable notice

• Would a reasonable person in C's position have been aware of the term?

  Consider:

  • time of notice
  • nature of document
  • Degree of notice
• Time of Notice:

  Contract terms are fixed once the contract is made.

  So, in order for a term to be incorporated by notice, notice of the term must have been given at the time of, or prior, to conclusion of the contract.

  Olley v Marlborough Court [1949]
• Nature of Document

  The document must be one that the parties intended (judged objectively) to have contractual effect.

  • a receipt is insufficient

  Chaptleton v Barry Urban DC [1940]
• Degree of Notice

  D must take reasonable steps to bring term to C's notice.

  Depends on:

  Steps taken by D

  Nature of CLause
• Steps taken by D ( Degree of notice)

  Thompson v LM&S Railways [1930]

  • Steps taken to make C aware of the term were reasonable
• Steps taken by D (degree of notice)

  Parker v SE railway Co [1877]

  C did not read ticket, was bound by terms
• Nature of clause ( Degree of notice )

  The more unusual the clause is, the more D must do to notify C.

  Thornton v Shoe Lane Ltd [1971]
• Time of Notice

  Chapelton v Barry Urban DC [1940]

  While the main issue was the receipt, the receipt was handed AFTER conclusion of the contract, so timing could also be an issue here.