Thornton v Shoe Lane Parking Ltd [1970] EWCA Civ 2 (18 December 1970)

Thornton v Shoe Lane Parking Ltd [1970] EWCA Civ 2 (18 December 1970)

The exemption clause was not incorporated into the contract because the contract was concluded at the moment the customer activated the automatic machine, and the garage company did not take reasonable steps to bring the exemption clause to the customer's attention before or at the time of contract formation. Therefore, the company could not rely on the clause to avoid liability for personal injury caused by their negligence.

Citation
[1970] EWCA Civ 2
Parties
Plaintiff Respondent: Francis Charles William Thornton; Defendants Appellants: Shoe Lane Parking Limited
Jurisdiction
England and Wales
Judgment Date
18 December 1970
Procedural Posture
Appeal / Appeal From Judgment of Mr. Justice Mocatta on 18th June, 1970
Outcome
Appeal dismissed
Legal Topics
Incorporation of Terms, Exemption Clauses, Notice of Terms, Personal Injury Liability, Automatic Contract Formation
Contract Law Tort Law Incorporation of Terms Exemption Clauses Notice of Terms Personal Injury Liability Automatic Contract Formation

Case Brief

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Parties

Francis Charles William Thornton

Plaintiff Respondent

Shoe Lane Parking Limited

Defendants Appellants

Procedural Posture

Appeal / Appeal From Judgment of Mr. Justice Mocatta on 18th June, 1970

Legal Issues

  1. 1 Whether an exemption clause printed on a ticket issued by an automatic machine was incorporated into the contract for parking
  2. 2 Whether sufficient notice of the exemption clause was given to the customer
  3. 3 Whether the garage company could rely on the exemption clause to avoid liability for personal injury caused by their negligence

Ratio Decidendi

The exemption clause was not incorporated into the contract because the contract was concluded at the moment the customer activated the automatic machine, and the garage company did not take reasonable steps to bring the exemption clause to the customer's attention before or at the time of contract formation. Therefore, the company could not rely on the clause to avoid liability for personal injury caused by their negligence.

Court Disposition

Appeal dismissed

Orders

  • Defendants to pay costs