Everything about Ticket Cases totally explained
In
contract law,
ticket cases are a series of cases that stand for the proposition that if you're handed a ticket or another document with terms, and you retain the ticket or document, then you're bound by those terms. Whether you've read the terms or not is irrelevant, and in a sense, using the ticket is analogous to signing the document. This issue is an important one due to the proliferation of
exclusion clauses that accompany tickets in everyday transactions.
The case of
Parker v. The South Eastern Railway Co (1877) 2 CPD 416 illustrates restrictions on this concept:
- Knowledge of writing and of terms: If the recipient of the ticket knew that there was writing on the ticket and also knew that the ticket contained terms, then the recipient is bound by the terms of the contract.
- Reasonable person: If the recipient didn't know of the existence of the terms, then the court will consider whether a reasonable person would have known that the ticket contained terms. If that's so, then the ticket-holder is bound by those terms; if not, then the court will return to the general test of whether reasonable notice of the terms was given.
The test of whether a document fits within the description of a ticket is an objective test, that is, whether a reasonable person in the position of the ticket-holder would perceive it to be contractual in nature. For instance, if exclusion clauses accompany a docket, it may be held that it isn't contractual in nature since it's just a receipt.
Furthermore,
Interfoto Picture Library Ltd v. Stiletto Visual Programmes Ltd [1989] 1 QB 433 held that if a party wishes to incorporate onerous terms into a document that's to be just accepted by the other party, reasonable notice must be given to make it a term of the contract.
Other ticket cases include:
L'Estrange v Graucob [1934] 2 KB 394
Olley v Marlborough Court [1949] 1 KB 532
Thornton v. Shoe Lane Parking [1971] 1 All ER 686Further Information
Get more info on 'Ticket Cases'.
|
External Link Exchanges
Do you know how hard it is to get a link from a large encyclopaedia? Well we're different and will prove it. To get a link from us just add the following HTML to your site on a relevant page:
<a href="http://ticket_cases.totallyexplained.com">Ticket cases Totally Explained</a>
Then simply click through this link from your web page. Our crawlers will verify your link, extract the title of your web page and instantly add a link back to it. If you like you can remove the words Totally Explained and embed the link in article text.
As long as your link remains in place, we'll keep our link to you right here. Please play fair - our crawlers are watching. Your site must be closely related to this one's topic. Any kind of spamming, dubious practises or removing the link will result in your link from us being dropped and, potentially, your whole site being banned. |
