Thornton v. Shoe Lane Parking
- Thornton v. Shoe Lane Parking
"Thornton v. Shoe Lane Parking", [1971] 1 All ER 686 is a famous English case on contract law written by Lord Denning. The case states that for an exclusion clause to be incorporated into a contract the party drafting the contract must give the affected party sufficient notice.
Background
The claimant sought to challenge notices at the defendant’s car park that purported to exclude the car park’s liability for negligence. The reason why the claimant was moved to do this was because he had been injured while using the car park and the notices stood in the way of his claim for compensation.
Opinion of the Court
Lord Denning ruled that the exclusion clause did not form part of the valid contract. The true moment that the contract was formed was before the ticket was dispensed and so the terms on the back of the ticket did not apply.
Denning further found that the warning posted within the car park was insufficient.
The contents of the ticket were irrelevant, as the contract was made prior to the ticket being issued. However, even if the ticket were issued before making the contract, the carpark had not taken reasonable steps to bring the exclusion clause to Thornton's attention. The clause was very wide, wider than that which would reasonably be expected. Only very explicit notice of its existence would have been sufficient. A notice saying 'All cars parked at owner's risk' was not satisfactory. Lord Denning MR regarded as terms, they 'would need to be printed in red ink with a red hand pointing to it before the notice was sufficient'.
Wikimedia Foundation.
2010.
Look at other dictionaries:
Alfred Denning, Baron Denning — The Right Honourable Lord Denning OM, PC, DL, KC … Wikipedia
O'Brien v Mirror Group Newspapers Ltd — O’Brien v MGN Ltd Court Court of Appeal Citation(s) [2001] EWCA Civ 1279 Keywords … Wikipedia
ticket cases — a convenient name given to cases that relate to the effect of writing on tickets, such as those given by railway companies, deck chair attendants or parking companies. The cases arise from a reluctance of courts to enforce the letter of contracts … Law dictionary
Tom Denning, Baron Denning — Alfred Thompson Tom Denning, Baron Denning, OM, PC (23 January, 1899 ndash; 5 March, 1999) was an English veteran of the First World War, a mathematics graduate, jurist, barrister and judge. A native of Hampshire, he became a Law Lord and Master… … Wikipedia
List of cases involving Lord Denning — A list of cases involving Lord Denning is bound to be incomplete, since he delivered around 2000 reported judgments. Lord Denning served as a judge for nearly 40 years, from 1944 to 1982. He often played a decisive role in developing the law and… … Wikipedia
Ticket cases — In contract law, ticket cases are a series of cases that stand for the proposition that if you are handed a ticket or another document with terms, and you retain the ticket or document, then you are bound by those terms. Whether you have read the … Wikipedia
Exclusion clause — An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract. Exclusion clauses generally fall into one of these categories:Traditionally, the district courts have sought to limit the operation of… … Wikipedia
Interpreting contracts in English law — is an area of English contract law, which concerns how the courts decide what an agreement means. It is settled law that the process is based on the objective view of a reasonable person, given the context in which the contracting parties made… … Wikipedia
McCutcheon v David MacBrayne Ltd — Isle of Islay Court House of Lords Citation(s) [1964] UKHL … Wikipedia
Oscar Chess Ltd v Williams — Court Court of Appeal Citation(s) [1957] 1 WLR 370 Case opinions Denning LJ Keywords Term, representation, intention Oscar Chess Ltd v Williams … Wikipedia
