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Thornton v Shoe Lane Parking Ltd

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264:, 2 CPD 416, 423, subject to this qualification: Mellish LJ used the word "conditions" in the plural, whereas it would be more apt to use the word "condition" in the singular, as indeed the lord justice himself did on the next page. After all, the only condition that matters for this purpose is the exempting condition. It is no use telling the customer that the ticket is issued subject to some "conditions" or other, without more: for he may reasonably regard "conditions" in general as merely regulatory, and not as taking away his rights, unless the exempting condition is drawn specifically to his attention. (Alternatively, if the plural "conditions" is used, it would be better prefaced with the word "exempting," because the exempting conditions are the only conditions that matter for this purpose.) Telescoping the three questions, they come to this: the customer is bound by the exempting condition if he knows that the ticket is issued subject to it; or, if the company did what was reasonably sufficient to give him notice of it. 237:
was committed at the very moment when he put his money into the machine. The contract was concluded at that time. It can be translated into offer and acceptance in this way: the offer is made when the proprietor of the machine holds it out as being ready to receive the money. The acceptance takes place when the customer puts his money into the slot. The terms of the offer are contained in the notice placed on or near the machine stating what is offered for the money. The customer is bound by those terms as long as they are sufficiently brought to his notice before-hand, but not otherwise. He is not bound by the terms printed on the ticket if they differ from the notice, because the ticket comes too late. The contract has already been made: see
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his car, turned the light from red to green, and the ticket was thrust at him. The contract was then concluded, and it could not be altered by any words printed on the ticket itself. In particular, it could not be altered so as to exempt the company from liability for personal injury due to their negligence.
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None of those cases has any application to a ticket which is issued by an automatic machine. The customer pays his money and gets a ticket. He cannot refuse it. He cannot get his money back. He may protest to the machine, even swear at it. But it will remain unmoved. He is committed beyond recall. He
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The important thing to notice is that the company seek by this condition to exempt themselves from liability, not only for damage to the car, but also for injury to the customer howsoever caused. The condition talks about insurance. It is well known that the customer is usually insured against damage
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But, although reasonable notice of it was not given, Mr. Machin said that this case came within the second question propounded by Mellish LJ, namely that Mr. Thornton "knew or believed that the writing contained conditions." There was no finding to that effect. The burden was on the company to prove
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Mr. Machin admitted here that the company did not do what was reasonably sufficient to give Mr. Thornton notice of the exempting condition. That admission was properly made. I do not pause to inquire whether the exempting condition is void for unreasonableness. All I say is that it is so wide and so
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1 WLR 125. They were concerned with railways, steamships and cloakrooms where booking clerks issued tickets to customers who took them away without reading them. In those cases the issue of the ticket was regarded as an offer by the company. If the customer took it and retained it without objection,
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agreed with the onerous point, but reserved their opinions on where the contract was concluded. Furthermore, Sir Gordon distinguished this from the other ticket cases based upon the fact that a human clerk proffered the ticket and the buyer had the opportunity to say I do not like those conditions.
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1 KB 41, 47. These cases were based on the theory that the customer, on being handed the ticket, could refuse it and decline to enter into a contract on those terms. He could ask for his money back. That theory was, of course, a fiction. No customer in a thousand ever read the conditions. If he had
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In the present case the offer was contained in the notice at the entrance giving the charges for garaging and saying "at owner's risk," i.e., at the risk of the owner so far as damage to the car was concerned. The offer was accepted when Mr Thornton drove up to the entrance and, by the movement of
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That case does not touch the present, where the whole question is whether the exempting condition formed part of the contract. I do not think it did. Mr. Thornton did not know of the condition, and the company did not do what was reasonably sufficient to give him notice of it.
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to the car. But he is not insured against damage to himself. If the condition is incorporated into the contract of parking, it means that Mr. Thornton will be unable to recover any damages for his personal injuries which were caused by the negligence of the company.
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held that the more onerous the clause, the better notice of it needed to be given. Moreover, the contract was already concluded when the ticket came out of the machine, and so any condition on it could not be incorporated in the contract.
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case. It provides a good example of the rule that a clause cannot be incorporated after a contract has been concluded, without reasonable notice before. Also, it was held that an automatic ticket machine was an offer, rather than an
289:, and was given a ticket which contained an exempting condition. There was no discussion as to whether the condition formed part of the contract. It was conceded that it did. That is shown by the report in the 256:
Assuming, however, that an automatic machine is a booking clerk in disguise – so that the old fashioned ticket cases still apply to it. We then have to go back to the three questions put by
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destructive of rights that the court should not hold any man bound by it unless it is drawn to his attention in the most explicit way. It is an instance of what I had in mind in
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The car park was situated below the International Press Centre on Shoe Lane in central London. Both the car park and the International Press Centre were demolished during 2014.
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Three hours later he had an accident before getting into his car. The car park operator argued that the judge should have held the matter regulated by this contract, not
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1 WLR 461, 466. In order to give sufficient notice, it would need to be printed in red ink with a red hand pointing to it – or something equally startling.
134: 742: 228: 118:, that the insertion of money was an acceptance, therefore, specifically, any (additional) conditions on the ticket were post-acceptance and invalid. 278:
it, and they did not do so. Certainly there was no evidence that Mr. Thornton knew of this exempting condition. He is not, therefore, bound by it.
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I do not think the garage company can escape liability by reason of the exemption condition. I would, therefore, dismiss the appeal.
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1 KB 532. The ticket is no more than a voucher or receipt for the money that has been paid (as in the deckchair case,
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at p. 180. Yet the garage company were not entitled to rely on the exempting condition for the reasons there given.
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FRANCIS CHARLES WILLIAM THORNTON Plaintiff Respondent and SHOE LANE PARKING LIMITED Defendants Appellants
722: 422: 568: 446: 197: 630: 512: 334: 270: 707: 498: 181:"injury to the Customer … howsoever that loss, misdelivery, damage or injury shall be caused". 614: 370: 177:
On the car park pillars near the paying office there was a list, one excluding liability for
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1 KB 532) on terms which have been offered and accepted before the ticket is issued.
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Although the case is important for these two propositions, today any exclusion of
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1 QB 177. Mr. Mendelssohn parked his car in the Cumberland Garage at
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General discussion on unread contract, section on 'failure to read'
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We have been referred to the ticket cases of former times from
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Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd
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stopped to do so, he would have missed the train or the boat.
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his act was regarded as an acceptance of the offer: see
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Mr. Machin relied on a case in this court last year –
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of the highest quality", drove to the entrance of the
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Bates & Others v Post Office Ltd (Judgment No 3)
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Unfair Terms in Consumer Contracts Regulations 1999
229:Thompson v London, Midland and Scottish Railway Co 714: 335: 342: 328: 743:Court of Appeal (England and Wales) cases 540:Equitable Life Assurance Society v Hyman 349: 246:Chapelton v Barry Urban District Council 647:George Mitchell v Finney Lock Seeds Ltd 461:HIH Casualty Ltd v Chase Manhattan Bank 715: 607:Parker v South Eastern Railway Company 323: 157:, before attending a performance at 703:Full text of the decision at BAILII 129:by businesses is prohibited by the 94:Incorporation; offer and acceptance 13: 14: 754: 696: 262:Parker v South Eastern Railway Co 212:Parker v South Eastern Railway Co 383:Thornton v Shoe Lane Parking Ltd 218:McCutcheon v David MacBrayne Ltd 145:Francis Thornton, "a free lance 102:Thornton v Shoe Lane Parking Ltd 24:Thornton v Shoe Lane Parking Ltd 738:1970 in United Kingdom case law 623:Olley v Marlborough Court Hotel 728:English incorporation case law 680: 661: 131:Unfair Contract Terms Act 1977 1: 733:English unfair terms case law 674: 595:Terms in English contract law 555:AG of Belize v Belize Telecom 240:Olley v Marlborough Court Ltd 423:Hartog v Colin & Shields 397:Interfoto Ltd v Stiletto Ltd 169:and parked his car. It said 165:. He took a ticket from the 7: 315: 226:(1833) 10 QBD 178, 188 and 192: 10: 759: 569:Oscar Chess Ltd v Williams 447:ICS Ltd v West Bromwich BS 359:L'Estrange v F Graucob Ltd 283:Mendelssohn v Normand Ltd. 631:J Spurling Ltd v Bradshaw 592: 579: 565: 551: 535: 521: 513:Johnstone v Bloomsbury HA 509: 495: 483: 471: 457: 443: 431: 419: 407: 393: 387:[1970] EWCA Civ 2 379: 367: 355: 271:J Spurling Ltd v Bradshaw 107:[1970] EWCA Civ 2 93: 88: 70: 65: 60:[1970] EWCA Civ 2 58:2 QB 163; 1 All ER 686; 54: 46: 36: 28: 23: 16:English contract law case 654: 140: 690:, accessed 18 July 2022 499:Mahmud and Malik v BCCI 302: 183: 175: 615:Chapelton v Barry UDC 371:Chapelton v Barry UDC 203: 179: 171: 151:multi-storey car park 525:Liverpool CC v Irwin 350:Contract terms cases 215:(1877) 2 CPD 416 to 123:negligence liability 111:English contract law 116:invitation to treat 723:Lord Denning cases 688:The London Law Map 478:(1766) 3 Burr 1905 414:(1871) LR 6 QB 597 83:Sir Gordon Willmer 601: 600: 98: 97: 750: 691: 684: 668: 665: 610:(1877) 2 CPD 416 585: 541: 344: 337: 330: 321: 320: 224:Watkins v Rymill 137:Sch 2, para(a). 66:Court membership 50:18 December 1970 21: 20: 758: 757: 753: 752: 751: 749: 748: 747: 713: 712: 699: 694: 685: 681: 677: 672: 671: 666: 662: 657: 602: 597: 588: 583: 575: 561: 547: 539: 531: 517: 505: 491: 490:(1889) 14 PD 64 479: 467: 453: 439: 435:Thake v Maurice 427: 415: 403: 389: 375: 363: 351: 348: 318: 198:Lord Denning MR 195: 143: 133:s 2(1) and the 127:personal injury 75:Lord Denning MR 32:Court of Appeal 17: 12: 11: 5: 756: 746: 745: 740: 735: 730: 725: 711: 710: 705: 698: 697:External links 695: 693: 692: 686:Woolfson, A., 678: 676: 673: 670: 669: 659: 658: 656: 653: 652: 651: 643: 635: 627: 619: 611: 599: 598: 593: 590: 589: 580: 577: 576: 566: 563: 562: 552: 549: 548: 536: 533: 532: 522: 519: 518: 510: 507: 506: 496: 493: 492: 484: 481: 480: 475:Carter v Boehm 472: 469: 468: 458: 455: 454: 444: 441: 440: 432: 429: 428: 420: 417: 416: 411:Smith v Hughes 408: 405: 404: 394: 391: 390: 380: 377: 376: 368: 365: 364: 356: 353: 352: 347: 346: 339: 332: 324: 317: 314: 309:Gordon Willmer 194: 191: 167:ticket machine 161:Hall with the 142: 139: 96: 95: 91: 90: 86: 85: 72: 71:Judges sitting 68: 67: 63: 62: 56: 52: 51: 48: 44: 43: 38: 37:Full case name 34: 33: 30: 26: 25: 15: 9: 6: 4: 3: 2: 755: 744: 741: 739: 736: 734: 731: 729: 726: 724: 721: 720: 718: 709: 706: 704: 701: 700: 689: 683: 679: 664: 660: 649: 648: 644: 641: 640: 636: 633: 632: 628: 625: 624: 620: 617: 616: 612: 609: 608: 604: 603: 596: 591: 587: 586: 578: 574: 571: 570: 564: 560: 557: 556: 550: 546: 543: 542: 534: 530: 527: 526: 520: 515: 514: 508: 504: 501: 500: 494: 489: 488: 482: 477: 476: 470: 466: 463: 462: 456: 452: 449: 448: 442: 437: 436: 430: 425: 424: 418: 413: 412: 406: 402: 399: 398: 392: 388: 385: 384: 378: 373: 372: 366: 361: 360: 354: 345: 340: 338: 333: 331: 326: 325: 322: 313: 310: 306: 301: 298: 294: 292: 288: 284: 279: 275: 273: 272: 265: 263: 259: 254: 250: 248: 247: 242: 241: 234: 231: 230: 225: 220: 219: 214: 213: 207: 202: 199: 190: 188: 182: 178: 174: 170: 168: 164: 160: 156: 152: 148: 138: 136: 132: 128: 124: 119: 117: 112: 109:is a leading 108: 104: 103: 92: 87: 84: 80: 76: 73: 69: 64: 61: 57: 53: 49: 45: 42: 39: 35: 31: 27: 22: 19: 682: 663: 645: 637: 629: 621: 613: 605: 581: 567: 553: 537: 523: 516:2 All ER 293 511: 497: 487:The Moorcock 485: 473: 459: 445: 433: 426:3 All ER 566 421: 409: 395: 382: 381: 369: 357: 303: 299: 295: 282: 280: 276: 269: 266: 261: 255: 251: 244: 238: 235: 227: 223: 216: 210: 208: 204: 196: 184: 180: 176: 172: 144: 120: 101: 100: 99: 40: 18: 291:Law Reports 287:Marble Arch 717:Categories 675:References 573:EWCA Civ 5 401:EWCA Civ 6 258:Mellish LJ 159:Farringdon 634:1 WLR 461 155:Shoe Lane 147:trumpeter 626:1 KB 532 618:1 KB 532 374:1 KB 532 362:2 KB 394 316:See also 307:and Sir 305:Megaw LJ 193:Judgment 89:Keywords 79:Megaw LJ 55:Citation 559:UKPC 10 545:UKHL 39 503:UKHL 23 451:UKHL 28 47:Decided 650:QB 284 642:QB 433 529:UKHL 1 465:UKHL 6 438:QB 644 655:Notes 141:Facts 105: 29:Court 187:tort 125:for 81:and 260:in 163:BBC 153:on 719:: 189:. 77:, 343:e 336:t 329:v

Index

[1970] EWCA Civ 2
Lord Denning MR
Megaw LJ
Sir Gordon Willmer
[1970] EWCA Civ 2
English contract law
invitation to treat
negligence liability
personal injury
Unfair Contract Terms Act 1977
Unfair Terms in Consumer Contracts Regulations 1999
trumpeter
multi-storey car park
Shoe Lane
Farringdon
BBC
ticket machine
tort
Lord Denning MR
Parker v South Eastern Railway Co
McCutcheon v David MacBrayne Ltd
Thompson v London, Midland and Scottish Railway Co
Olley v Marlborough Court Ltd
Chapelton v Barry Urban District Council
Mellish LJ
J Spurling Ltd v Bradshaw
Marble Arch
Law Reports
Megaw LJ
Gordon Willmer

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