Ratio Decidendi
An exclusion clause on a receipt or ticket may not be incorporated into the contract if the ticket is not reasonably regarded as a contractual document but merely as a receipt or voucher.
ข้อเท็จจริง
The plaintiff hired a deck chair from a pile on the beach for 2d. He received a ticket which he put in his pocket without reading. The ticket contained an exclusion clause. The chair collapsed and injured him.
สรุปคำพิพากษา
The Court of Appeal held that the ticket was a mere receipt, not a contractual document. A reasonable person would not expect it to contain conditions. The exclusion clause was not incorporated into the contract, and the council was liable.
คำกล่าวสำคัญ
"No reasonable man would expect to find conditions relating to the safety of a chair on a receipt for 2d. for the hire of a deck chair."
— Slesser LJ
การอ้างอิงภายหลัง
Important authority on incorporation of exclusion clauses. Distinguished from Parker v South Eastern Railway [1877] where a ticket was a contractual document.